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Long Island Care at Home, Ltd. v. Coke

Docket No.: 06-593
Certiorari Granted: Jan 5 2007
Argued: April 16, 2007
Decided: June 11, 2007

Topics:

Administrative Procedure, companionship workers, EPA, Fair Labor Standards Act, FLSA, maximum hours, Natural Resources

PartyNames: Long Island Care at Home, Ltd., et al. v. Evelyn Coke
Petitioner: Long Island Care at Home, Ltd., et al.
Respondent: Evelyn Coke

Court Below: United States Court of Appeals for the Second Circuit

Long Island Care at Home, Ltd., et al.
v.
Evelyn Coke
551 U.S. 158 (2007)
Question Presented:

1. Whether the Second Circuit erred in refusing to give deference under Chevron, U.S.A., Inc. v. Natural Res. Def Council, Inc., 467 U.S. 837 (1984), to a thirty-yearold Department of Labor regulation--a regulation that has twice been upheld by the Tenth Circuit--on the ground that, even though it was promulgated under express grants of legislative authority and after full notice-and-comment rulemaking, the regulation was contained in a subpart headed "Interpretations." 2. Whether, in holding that a longstanding Department of Labor regulation was not persuasive and thus undeserving of any deference under Skidmore v. Swift & Co., 323 U.S. 134 (1944), the Second Circuit erred by failing to address the governing provisions of the Fair Labor Standards Act and by declining to give any weight to the Department's interpretation of its own regulations.

Question:

1) Is a regulation found under a subpart headed "Interpretations" still entitled to be given Chevron deference by the courts? 2) Did the Second Circuit err in holding a Department of Labor regulation unpersuasive and thus undeserving of Skidmore deference?

Holding: judgment reversed and remanded
Vote: 9-0
Opinion By:
Read LONG ISLAND CARE AT HOME, LTD. V. COKE opinion (PDF)
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