Editor’s Note: An influential regulatory case to watch is Harkonen v. U.S. Dept. of Justice (No. 13-15197). CRE’s amicus brief is found at http://thecre.com/pdf/20130609_Harkonen_Armicus.pdf.
A Facebook rapper, a bearded prisoner, and a red grouper fisherman will all figure into a highly anticipated Supreme Court term that includes several cases that may affect the American regulatory landscape.
In a decision that will likely reverberate throughout federal agencies, the Court will also decide whether an agency must formally publish a notice in the Federal Register and solicit public comment when changing its interpretation of one of its own regulations. At issue in Perez v. Mortgage Bankers Association are Department of Labor (DOL) regulations defining which employees have overtime and minimum wage rights. Until 2009, the agency maintained that mortgage loan officers were not among those protected. The DOL, however, now interprets those same regulations as including mortgage loan officers in overtime and minimum wage protections.