News & Analysis as of

Statutory Interpretation Notice and Comment

Foley & Lardner LLP

Supreme Court Signaling That Agencies May Have a Shorter Leash in the Future

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The automotive industry, as much as any industry operating in the United States, has a substantial federal regulatory burden, with an alphabet soup of agencies charged with regulating under the authority of an alphabet soup...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Allows Changes to Agencies’ Interpretive Rules without the Notice-and-Comment Rulemaking Process

In March, the Supreme Court upheld an agency’s reversal of its own regulatory interpretation without requiring notice-and-comment rulemaking. Regulated entities now face considerable uncertainty in relying on agencies’...more

Morrison & Foerster LLP

Supreme Court Allows Agencies to Reinterpret the Law at Their Discretion

In a decision published on March 9, 2015, the Supreme Court ended the D.C. Circuit Court’s Paralyzed Veterans doctrine, which required administrative agencies to utilize the Administrative Procedure Act’s (APA)...more

Nossaman LLP

Notice-and-Comment is Not Required for Changes Made to Interpretive Rules

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On March 9, 2015, Justice Sotomayor, writing on behalf of the majority, overturned the Paralyzed Veterans doctrine, which requires federal agencies to use a notice-and-comment process before making a significant revision to...more

K&L Gates LLP

Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

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Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

Bergeson & Campbell, P.C.

Supreme Court Confirms That Agency Interpretative Rules Do Not Require Notice and Comment

In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass'n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment,...more

Bradley Arant Boult Cummings LLP

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more

Dorsey & Whitney LLP

Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act

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Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more

McGuireWoods LLP

Supreme Court Sides with the DOL Regarding Interpretative Rules

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In a unanimous decision on Monday, March 9, 2015, the United States Supreme Court gave the Department of Labor (DOL) broad discretion to revise interpretive guidance with little notice. ...more

Bond Schoeneck & King PLLC

U.S. Supreme Court Holds That DOL May Change Interpretations of Regulations Without Public Notice and Comment

On March 9, 2015, the United States Supreme Court ruled unanimously in two consolidated cases that a federal agency does not have to go through the formal rulemaking process, which includes providing public notice and an...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Agencies Can Change Rule Interpretation Without Notice and Comment

Companies subject to federal agency regulations sometimes face situations where measures taken to comply with such rules work one day, and then result in violations of those rules the next. Federal administrative agencies...more

Foley Hoag LLP

Supreme Court Authorizes the DOL to Change its Interpretative Guidance without Public Input

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On March 9, 2015, the U.S. Supreme Court unanimously held in Perez v. Mortgage Bankers Association, that the Department of Labor (DOL) may issue its interpretations of wage and hour regulations without seeking input from the...more

FordHarrison

Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers

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On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior...more

Franczek P.C.

Supreme Court Rejects Notice and Comment Rulemaking Requirement for Agency Interpretations

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In a case we labeled one of the “cases to watch” this term, a relatively unified Supreme Court decided in Perez v. Mortgage Bankers Association that a federal agency does not need to engage in notice-and-comment rulemaking...more

Littler

The Supreme Court Sides with the Department of Labor in "Rulemaking" Challenge

Littler on

The U.S. Supreme Court handed the U.S. Department of Labor (DOL) a victory in a battle over whether the agency's reversal of its stance on the exempt status of mortgage loan officers was subject to public notice and comment....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Holds Federal Agencies May Reverse Their Positions Through Informal Guidance

On March 9, 2015, the U.S. Supreme Court issued its decision in Perez v. Mortgage Bankers Ass’n, No. 13-1041 (Mar. 9, 2015), holding federal administrative agencies may amend or repeal interpretive rules without following...more

Cozen O'Connor

Supreme Court Blesses Comment-Free Rulemaking by Administrative Agencies

Cozen O'Connor on

On March 9, 2015, the Supreme Court held that agencies such as the Department of Labor (DOL) are not required to provide a public notice-and-comment period before implementing new interpretive rules, which includes agency...more

Locke Lord LLP

Locke Lord QuickStudy: Supreme Court — Mortgage-Loan Officers Not Exempt from Overtime Pay

Locke Lord LLP on

On March 9, 2015, the United States Supreme Court’s decision in Perez v. Mortg. Bankers Ass’n, U.S., No. 13-1041, effectively ended the use of the Fair Labor Standards Act’s (“FLSA”) administrative exemption for mortgage-loan...more

Miller Canfield

SCOTUS: Federal Agencies Can Change Interpretive Rules Without Formal Process

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Federal agencies are not required to follow formal notice-and-comment rulemaking when making significant changes to interpretive rules, according to a unanimous U.S. Supreme Court. In Perez v. Mortgage Bankers Association,...more

Polsinelli

Unanimous Supreme Court Yesterday in Mortgage Bankers: Notice-and-Comment Not Required for Interpretive Rulemaking

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On March 9th, 2015 the U.S. Supreme Court unanimously reversed the D.C. Circuit's opinion on federal agency rulemaking in Perez, Secretary of Labor v. Mortgage Bankers Association, holding that federal agencies need not issue...more

Mintz - Employment, Labor & Benefits...

High Court Sides with DOL, Holding that Agencies May Flip-Flop on Regulatory Interpretations Without Engaging in...

In June, we wrote that the U.S. Supreme Court agreed to address whether a federal agency (in this case, the Department of Labor) must engage in formal notice-and-comment rulemaking in order to significantly alter its...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Perez v. Mortgage Bankers Association

On March 9, 2015, the United States Supreme Court decided Perez v. Mortgage Bankers Association, No. 13-1041, holding that a federal administrative agency does not need to use the Administrative Procedure Act’s (APA)...more

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