By Edwin S. Hopson
In March, 2010, the Wage and Hour Division of the U.S. Department of Labor announced that it would periodically issue “Administrator Interpretations” of the Fair Labor Standards Act (“FLSA”) in order to clarify and interpret statutory or regulatory issues that affect broad cross sections of the economy. Previously, the Administrator would from time to time respond to requests for opinions involving specific employer fact patterns and issue analytical opinion letters which were then made public. In its press release, the Division indicated that it would no longer issue such letters other than to respond with information about applicable statutes, regulations, etc.
In the first Administrator Interpretation, No. 2010-1, the Deputy Administrator, Nancy Leppink, dealt with the administrative exemption under Section 13(a)(1) of FLSA and whether it could be applied to employees who perform the typical job duties of a mortgage loan officer so as to exempt them from FLSA’s overtime pay requirements.
The ultimate conclusion reached in the Administrator Interpretation was that such persons could not qualify as bona fide administrative employees exempt from the overtime requirements under Section 13(a)(1).