Residential Real Estate Administrative Agency Labor & Employment

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Mortgage Loan Officers Are Exempt From Wage And Hour Laws Again--For Now

The D.C. Circuit Court of Appeals has vacated the U.S. Department of Labor’s 2010 guidance that stated that most mortgage loan officers are not exempt from minimum wage and overtime compensation under the Fair Labor Standards...more

Appeals Court Strikes Down Labor Department’s Interpretation Regarding Exempt Status of Mortgage Loan Officers

In a victory for the Mortgage Bankers Association (“MBA”), a federal Court of Appeals has vacated an “Administrator’s Interpretation” issued in 2010 by the U.S. Department of Labor Wage and Hour Division (“DOL”) regarding the...more

D.C. Circuit Sanctions Labor Agency 'Flip-Flop' on Overtime Requirements for Mortgage Loan Officers

The U.S. Court of Appeals for the District of Columbia Circuit recently vacated a 2010 interpretation of federal wage and hour law in which the Department of Labor (DOL) had concluded that mortgage loan officers do not...more

Proposed “Homeless Person’s Bill Of Rights And Fairness Act” Will Have Huge Impact On Government And Business

California’s Unruh Civil Rights Act, Civil Code Section 51, generally provides that all persons within California are free and equal, regardless of their sex, race, color, religion, ancestry, national origin, disability,...more

Mortgage Banking Update - November 02, 2012

In This Issue: - CFPB and FHFA Begin Developing Nationwide Mortgage Database - Federal Court Finds County Recorder's Office Has Standing To Pursue Claims Against MERS - CFPB Issues Final Debt Collection Larger...more

Mortgage Banking Update - October 19, 2012

In This Issue: - FTC Settles FCRA Enforcement Actions Alleging Wrongful Sale and Use of Prescreened Lists - Colorado Court of Appeals Finds “Fractional Interests” Not Lots under the Interstate Land Sales Full...more

New California Employment Laws Signed by Governor Brown

On September 30, 2012, Governor Jerry Brown signed into law several bills applicable to California employers that were passed by the Legislature during its 2011-2012 regular session. We are providing this brief summary to...more

Mortgage Banking Update - October 4, 2012

In This Issue: - Maryland Ruling Highlights Risks of Mortgage Loans Secured by Property Under Litigation - FDIC Revises Classification System for Citing Violations - CFPB Settlement Requires $112.5 Million...more

Low-Income Housing Construction Project Funded From Combination of Low Interest Loans and Redevelopment Assistance Was Not Exempt...

A low-income housing development that was funded through a combination of below-market interest rate loans from a county and its housing authority, and assistance from redevelopment agency low and moderate income housing...more

Affordable Housing Project Found to Be Subject to Prevailing Wages

In a decision filed on June 15, 2012, the Fourth Appellate Court of Appeal determined that an affordable housing project in San Bernardino was subject to the requirement for the payment of prevailing wages under Labor Code...more

Court Upholds Labor Department Interpretation That Mortgage Loan Officers Are Not Exempt From Overtime

A federal district judge in Washington, D.C. has upheld an “Administrator’s Interpretation” issued in 2010 by the U.S. Department of Labor (“DOL”) that loan officers in the mortgage banking industry typically do not qualify...more

D.C. Federal Court Upholds DOL 2010 Flip-Flop on Exempt Status of Mortgage Loan Officers Under FLSA

Revised Ruling Awards Overtime to Loan Officers; May Affect More Than 250,000 Employees Nationwide Employers: beware when relying on Department of Labor Wage and Hour Division Opinion Letters. Even better, don’t rely on...more

Massachusetts Transgender Equal Rights Bill

Govenor Patrick recently signed into law “An Act Relative to Gender Identity”. The Act prohibits discrimination on the basis of gender identity in a variety of areas, including education, housing, credit and employment. ...more

Agencies Announce Start of Mortgage Loan Originator Registrations Under SAFE Act

On January 31, 2011, the Federal Reserve, Farm Credit Administration, FDIC, NCUA, OCC, and OTS jointly announced that the Nationwide Mortgage Licensing System and Registry (“Registry”) is now accepting registration of...more

White-Collar Overtime Exemption for Mortgage Loan Officers Currently being Hotly Contested

The Federal District Court for the Eastern District of Michigan is set to decide a hot-button wage-and-hour topic next month that could eventually affect all banks and credit unions in both Tennessee and Kentucky. Several...more

HOW CANADIANS BUY RESIDENTIAL REAL ESTATE IN AMERICA

The technical immigration aspects of Canadians buying real estate in America. It is useful for many Canadians and their U.S. support network, including investors looking to buy and hold, real estate developers, or snowbirds...more

Update on San Francisco’s Proposed New Business Tax Scheme

In our Client Alert, dated April 28, 2010, we described two proposals to change the payroll expense tax system in the City and County of San Francisco. The first proposal would replace the current payroll expense tax with a...more

Effects Of The Worker, Homeownership And Business Assistance Act Of 2009 By Steven M. Packer and William J. Friel

On Nov. 6, President Obama signed into law the Worker, Homeownership and Business Assistance Act of 2009. The new law affects many businesses and individuals by extending unemployment benefits, extending and expanding the...more

Real Estate & Land Use Newsletter: Prevailing Wages Update

In response to complaints by both labor and the private sector, the Director of the Department of Industrial Relations has proposed sweeping new regulations governing certified payrolls and state and local labor compliance...more

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