Proposed overtime exemption change hurts mortgage loan originators

"Loan officers" in the residential mortgage banking industry do not qualify under the administrative exemption as exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), according to an "Administrator’s Interpretation" issued on Wednesday, March 24, 2010 by the U.S. Department of Labor, Wage and Hour Division (DOL).

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The new interpretation on mortgage originators also is an attempt to clear up conflicting opinions previously issued by the Labor Department, he said.. Following changes to overtime rules in.

That DOL Wage and Hour Division Administrators Interpretation reversed a previous opinion that MBA members had been operating under since 2006 that had exempted mortgage loan officers from the.

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Presently, the issue of overtime pay for mortgage loan originators is in limbo. What appears clear is that the DOL will likely continue to pursue a position similar to the 2010 Interpretation.

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SUMMARY OF THE FINAL RULE. In this regard, the amount of the retention interest held by each originator is required to be at least 20 percent, but no more than the percentage of assets it originated. Additionally, there are hedging, transfer, and financing restrictions on the.

"Breaking Changes to the Fair Labor Standards Act: How These Changes impact loan originators & Current Business Model," Audio Course, May 26, 2010 "Deep Dive, Challenges Presented by the new RESPA Rule," MBA Legal Issues and Regulatory Compliance Conference, Coronado, Calif., May 3.

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At certain phases of the economic cycle, loan originators often. "Filed on behalf of former mortgage banking officer (MBO) Keith Vaughn, the lawsuit alleges that the bank illegally misclassified.

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The Mortgage. the APA and issue a proposed rule for public comment. “If the department were to do that, we are confident it would find that the existing ruling providing an administrative exemption.

as mortgage loan officers may soon be able to transition from a traditional bank to a nonbank and keep originating new mortgage loans without having to wait for a new license. Now, it’s on to the.