The D.C. Circuit has a rule that when an agency has given a regulation a definitive interpretation, and later significantly revises it, the agency effectively amended a rule and must use the notice and? comment? provisions? of the Administrative Procedures Act.?? The mortgage industry challenged the Department of Labor?s 2010 withdrawal of a 2006 opinion letter stating that mortgage loan officers were administratively exempt from the FLSA for failing to go through the? notice? and ?comment ?process.???? ?The government ?argued ?that ?the? mortgage? industry had to show reliance on the prior opinion letter. The D.C. Circuit disagreed. ?The Supreme Court granted review.

Perez v. Mortgage Bankers Association, — S. Ct.— (6/16/14)