2nd Circ. Gave Undue FLSA Deference: NYC To High Court

Law360, Washington (January 18, 2012, 7:39 PM EST) -- The Second Circuit granted too much deference to the U.S. Department of Labor's interpretation of its own regulations in finding that 4,300 New York City police sergeants did not fit the executive exemption from overtime pay, the city told the U.S. Supreme Court earlier this month.

Supreme Court precedent strictly limits the deference courts can give to agency interpretations of ambiguities in their own regulations, the city's petition for a writ of certiorari, filed Jan. 3 and obtained Wednesday, says.

The sergeants claimed to be entitled...
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