Tax & Business Planning e-Alert

Banking and Financial Institutions

Joseph T. Porter Jr.
Practice Area Chair

Kenneth H. Suelthaus

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Tax and Business Planning Attorneys

 W. Terrence Kilroy
Practice Area Chair

Anthony J. Romano
Practice Area Vice-Chair

Robert J. Hingula

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April 2010

 

A Special Banking and Financial Institutions Alert:

Exempt Status of Mortgage Loan Officers

 

On March 24, 2010, the United States Department of Labor (“DOL”) withdrew two prior opinion letters regarding the exempt status of mortgage loan officers under the administrative exemption, and announced that the DOL no longer considers mortgage loan officers as bona fide administrative employees under 29 U.S.C. § 213(a)(1) of the Fair Labor Standards Act (“FLSA”), thus making them non-exempt employees entitled to overtime.

The DOL’s abrupt change in position on this issue will significantly impact mortgage lenders, financial institutions, and other employers in the financial service sector that have relied upon the DOL’s prior determinations regarding the application of the administrative exemption to mortgage loan officers.

The FLSA requires covered employers to pay employees overtime at a rate of one and a half times the employee’s regular rate of pay for all hours worked in excess of 40 hours per week. However, this requirement is subject to a number of exceptions including exemptions for white collar executive, administrative, and professional employees.

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