| WASHINGTON, June 16
WASHINGTON, June 16 The U.S. Supreme Court on
Monday agreed to weigh a dispute over whether mortgage loan
officers are exempt from minimum wage and overtime pay
The two related cases concern a decision in 2010 by the U.S.
Labor Department, which reversed a 2004 finding made during the
administration of President George W. Bush that had concluded
mortgage loan officers were exempt from the regulations.
The Mortgage Bankers Association challenged the more recent
finding in court, leading to the current litigation over whether
the government followed the correct process in changing course.
The association believes the government was required to
conduct a formal rule making process, which would have allowed
interested parties to submit comments. The government said it
did not because it was merely offering a new interpretation of
an existing regulation.
A district court judge ruled in favor of the government but,
in a July 2013 ruling, the U.S. Court of Appeals for the
District of Columbia Circuit threw out the new interpretation,
saying a formal rule making process was required.
Oral arguments and a decision are expected in the court's
next term, which begins in October and ends in June 2015.
The two related cases are Perez v. Mortgage Bankers
Association and Nickols v. Mortgage Bankers Association, U.S.
Supreme Court, No. 13-1041 and No. 13-1052.
(Reporting by Lawrence Hurley; Editing by Howard Goller and