Courts may not dictate to agencies the procedure they must use to change the interpretation of their regulations; mortgage loan officers do not qualify for the FLSA administrative exemption.

The Fair Labor Standards Act of 1938 (FLSA)[i] “establishe[s] a minimum wage and overtime compensation for each hour worked in excess of 40 hours in each workweek.”[ii] Certain employees, such as those “employed in a bona fide executive, administrative, or professional capacity…or in the capacity of outside salesman…” are exempt from such requirements under the “administrative” exemption.[iii] The FLSA confers on the Secretary of the United States Department of Labor (DOL) the authority to “defin[e] and delimit[t]” which employees are administratively exempt.[iv]