DOL Wage and Hour Division Opines That Typical Mortgage Loan Officer Is Not Exempt Under the FLSA

Having announced that the Wage and Hour Division will no longer release guidance in the form of detailed opinion letters on specific fact situations under the FLSA, but rather will issue general interpretations of the wage and hour laws and regs, the WHD issued its first such Administrator Interpretation # 2010-01, on March 24, 2010. In it, the Division concluded that employees performing the typical duties of a mortgage loan officer do not qualify as administrative employees exempt from the provisions of the FLSA. A copy of the Administrator Interpretation is available here. An article on the decision by Seyfarth Shaw is available here.