MLO exempt status litigation

Authored by Barry J. Miller

On Monday, the Supreme Court accepted a petition for review two cases that may restrain administrative agencies, most notably the Department of Labor, in flip-flopping their interpretations of the law as control of those agencies passes between political parties.  The outcome of the case could hand employers a measure of certainty and stability as they
Continue Reading Supreme Court to Decide Department of Labor’s Freedom to Flip-Flop

Co-authored by Richard Alfred and Rebecca Bromet

On December 9, 2010, the Department of Labor filed an amicus brief  in the longstanding case of Henry v. Quicken Loans, Inc., Case No. 2:04-cv-40346-SJM-MJH (E.D. Mich.), which addressed, among other things, whether Administrative Interpretation (“AI”) 2010-1 applies retroactively. 

Since May 2004, the parties in Henry have been litigating the exempt

Continue Reading The Department of Labor Amicus Brief in Henry v. Quicken Loans, Inc.: Administrative Interpretation 2010-1 Applies Only Prospectively