Mortgage Bankers Association v. Harris
United States Court of Appeals for the District of Columbia Circuit
720 F.3d 966 (D.C. Cir. 2013)
Under the Fair Labor Standards Act (FLSA), employees working more than 40 hours per week were entitled to overtime pay. There were many exceptions to this rule, including executive, administrative, or professional employees. In 2006, the Department of Labor (DOL) (defendant) issued an opinion letter stating that mortgage loan officers were within the administrative exception to the overtime law. Then, in 2010, the DOL’s Deputy Administrator issued an Administrator’s Interpretation withdrawing the opinion letter and stating that mortgage loan officers did not fall within the exception. The Mortgage Bankers Association (MBA) (plaintiff) brought suit challenging the Administrator’s Interpretation. The MBA claimed that the Administrator’s Interpretation was a “definitive interpretation” and that under the Administrative Procedure Act, the DOL could not change its interpretation of the FLSA without going through a notice and comment rulemaking. The DOL conceded that the Administrator’s Interpretation was definitive, but claimed that regulated entities’ reliance on an agency’s interpretation is a distinct requirement—independent of a definitiveness analysis—necessary for a court to determine whether notice and comment rulemaking is necessary. The DOL conceded that if reliance was not a distinct requirement, the MBA would prevail. The MBA filed a motion for summary judgment, which the district court denied. The MBA appealed.
Rule of Law
Holding and Reasoning (Brown, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.