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AUER v. ROBBINS

No. 95-897.

519 U.S. 452 (1997)

117 S.Ct. 905

137 L.Ed.2d 79

AUER et al. v. ROBBINS et al.

Supreme Court of United States.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Kneedler, J. Davitt McAteer, Allen H. Feldman, Nathaniel I. Spiller, and Mark S. Flynn.

John B. Renick argued the cause for respondents. With him on the brief were James N. Foster, Jr., and Judith Anne Ronzio.*

Scalia, J., delivered the opinion for a unanimous Court. argued the cause and filed briefs for petitioners.

Justice Scalia, delivered the opinion of the Court.

The Fair Labor Standards Act of 1938 (FLSA), 52 Stat. 1060, as amended, 29 U. S. C. §§ 201 et seq., exempts "bona fide executive, administrative, or professional" employees from overtime pay requirements. This case presents the question whether the Secretary of Labor's "salary-basis" test for determining an employee's exempt status reflects a permissible...

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