News & Analysis as of

Administrative Procedure Act Rulemaking Process Wage and Hour

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

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In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

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The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper Locke

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

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Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

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On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

Epstein Becker & Green

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

Epstein Becker & Green on

On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by...more

Parker Poe Adams & Bernstein LLP

State Attorneys General Challenge Joint Employer Rule

Last week’s EmployNews discussed the National Labor Relations Board’s issuance of final regulations on joint employer status. These regulations followed a similar rulemaking by the Department of Labor that we covered in...more

Ballard Spahr LLP

How might the Supreme Court’s decision in Perez v. MBA affect the CFPB?

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The U.S. Supreme Court’s recent decision in Perez v. Mortgage Bankers Ass’n invalidated a significant line of D.C. Circuit case law known, after the leading case, as the Paralyzed Veterans doctrine. A case involving a series...more

Buchalter

U.S. Supreme Court Upholds Validity of Department of Labor’s Interpretation on Overtime Pay for Mortgage Loan Officers

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For the past several years, an action by the Mortgage Bankers Association has been brewing in the courts challenging the U.S. Department of Labor (“DOL”) for issuing contradictory opinion letters on whether mortgage loan...more

King & Spalding

Supreme Court Holds Notice-and-Comment Rulemaking Not Required to Change An Interpretive Rule

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When federal agencies change their interpretive rules, they are exempt from the formal notice-and-comment rulemaking requirements of the Administrative Procedures Act (APA), says the Supreme Court in its recent ruling in...more

Proskauer Rose LLP

Supreme Court Rules That Agency Interpretive Rules Are Not Subject to Notice-and-Comment Rulemaking

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Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...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

Ballard Spahr LLP

U.S. Supreme Court Notice, Comment Not Required for Federal Agencies Interpreting Regulations

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The U.S. Supreme Court decided in Perez v. Mortgage Bankers Association that federal agencies are not required to use the Administrative Procedure Act's (APA) notice and comment procedures when issuing or making changes to...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

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

Epstein Becker & Green

Supreme Court Removes a Major Hurdle for Administrative Agency Rulemaking

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On March 9, 2015, the Supreme Court ruled unanimously that when a federal administrative agency wants to amend or repeal an “interpretive rule,” it does not have to follow the notice-and-comment procedures set forth in the...more

Beveridge & Diamond PC

Supreme Court Allows Agencies to Re-Interpret Their Regulations Without Rulemaking

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On March 9, 2015, the Supreme Court wiped away a longstanding judicial doctrine that had placed greater procedural requirements on a federal agency when it changes its prior interpretation of a federal regulation....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

Allen Matkins

The California Implications Of Perez v. Mortgage Bankers Association

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On Monday, the U.S. Supreme Court heard oral arguments in Perez v. Mortgage Bankers Ass’n et al. The case, if decided against the Department of Labor (Thomas E. Perez is the Secretary of Labor), will have a significant...more

Holland & Knight LLP

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

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On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more

Franczek P.C.

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

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As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

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