Proposed overtime exemption change hurts mortgage loan originators

**breaking news** **breaking NEWS** EFFECTIVE DATE: 4/1/2011. On Monday afternoon, the Federal Reserve Board issued a final rule effectively implementing the sections of the Dodd-Frank Wall Street Reform and Consumer Protection Act dealing with loan originator compensation and the prohibition against loan steering.

In Casas, loan originators asserted they were entitled to overtime compensation from the defendants under the FLSA, requiring the court to decide whether the plaintiffs were exempt from FLSA overtime pay provisions. The court found that because "Conseco’s primary business purpose [was] to design, create and sell home lending products," the mortgage loan officers’ primary duty was to sell those lending products on a day-to-day basis, not " ‘the running of [the] business [itself.

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"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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how mortgage officers and lenders are exempt from the overtime requirements of the Fair Labor Standards Act under the administrative exemption from overtime. The industry was successful in obtaining guidance in the 2004 revisions to the FLSA regulations indicating that mortgage lenders (and

Overtime for Commissioned Employees in the Financial Industry. By Michael L. Fortney. Contents. Overview of Overtime for Commissioned Financial Industry Employees; Are commissioned mortgage loan officers entitled to overtime pay? Are there Other Exemptions that Apply to Mortgage Employees? Do loan officers fall under the administrative exemption?

The D.C. Circuit Court of Appeals has vacated the U.S. Department of Labor’s 2010 guidance that stated that most mortgage loan officers are not exempt from minimum wage and overtime compensation under the Fair Labor Standards Act ("FLSA"), leaving the financial services industry unsure of how to classify their mortgage loan officers.

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Mortgage lenders had relied on previous guidance that those originators were exempt, but then had to analyze their originators’ duties to determine whether recharacterization of the originators as exempt or nonexempt was necessary. Paying overtime compensation to mortgage loan originators can be a complex and difficult task.

What new overtime pay rules mean for workers and employers So, this begs the question: Do you think CFPB TRID changes. biggest pain points from TRID now. Chris Katopis, executive director at the Association of Mortgage Investors, recently told HousingWire,

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