News & Analysis as of

Wage and Hour Statutory Interpretation Administrative Procedure Act

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

Bass, Berry & Sims PLC

Fifth Circuit Delivers Boast to Presidential Authority Under the FPASA

Bass, Berry & Sims PLC on

On February 4, the Fifth Circuit Court overturned a September 2023 order from a Texas trial court finding President Biden lacked the authority under the Federal Property and Administrative Services Act (FPASA or Act) to...more

Fox Rothschild LLP

5th Circuit Vacates DOL’s Federal 80/20/30 Tip Credit Rule

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The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Morgan Lewis

Practical Guidance on Labor and Employment Issues in a Post-Chevron World

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With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more

Buchalter

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

Buchalter on

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

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

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

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

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