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CHRISTENSEN v. HARRIS COUNTY

No. 98-1167.

529 U.S. 576 (2000)

CHRISTENSEN et al. v. HARRIS COUNTY et al.

United States Supreme Court.

Decided May 1, 2000.

Attorney(s) appearing for the Case

Michael T. Leibig argued the cause for petitioners. With him on the briefs were Richard H. Cobb and Murray E. Malakoff.

Matthew D. Roberts argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Waxman, Deputy Solicitor General Kneedler, Jonathan E. Nuechterlein, Allen H. Feldman, and Edward D. Sieger.

Michael P. Fleming argued the cause for respondents. With him on the brief were Michael A. Stafford, Bruce S. Powers, and William John Bux.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Souter, JJ., joined, and in which Scalia, J., joined except as to Part III. Souter, J., filed a concurring opinion, p. 589. Scalia, J., filed an opinion concurring in part and concurring in the judgment, p. 589. Stevens, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, p. 592. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 596.

Justice Thomas, delivered the opinion of the Court.

Under the Fair Labor Standards Act of 1938 (FLSA), 52 Stat. 1060, as amended, 29 U. S. C. § 201 et seq. (1994 ed. and Supp. III), States and their political subdivisions may compensate their employees for overtime by granting them compensatory time or "comp time," which entitles them to take time off work with full pay. § 207(o ). If the employees do not use their accumulated compensatory...

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