Perez v. Mortgage Bankers Association
United States Supreme Court
135 S. Ct. 1199 (2015)
The Fair Labor Standards Act (FLSA) granted the Department of Labor authority to determine categories of employees that were exempt from the FLSA’s minimum wage requirements. In 2004, the department promulgated regulations clarifying the exemption. In 2006, the department issued an opinion letter stating that, under its regulations, mortgage-loan officers were exempt from the minimum wage requirements. In 2010, the department reversed its interpretation and found that mortgage-loan officers were not exempt from the requirements. The department issued both the 2006 and 2010 opinion letters without notice-and-comment procedures. The Mortgage Bankers Association (MBA) (plaintiff) represented real estate finance companies that employed mortgage-loan officers. MBA challenged the 2010 interpretation, arguing that the department could not change its interpretation of its regulation without using notice-and-comment procedures under the Administrative Procedure Act (APA). The district court granted summary judgment to the department, and the court of appeals reversed. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Sotomayor, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.