Long Island Care at Home, Ltd., et al., v. Evelyn Coke
Chevron Deference, Regulations and Rulemaking, Department of Labor, Administrative Law
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-year old
Department of Labor regulationa regulation that has twice been upheld by the
Tenth Circuiton 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."
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.