Christensen v. Harris County — Breyer, J., Dissenting

Summary

Justice Breyer, dissenting, argues that the Department of Labor's interpretation of the Fair Labor Standards Act concerning compensatory time should receive Skidmore deference given its expertise and reasonableness. He contends that Skidmore deference remains vital when Chevron deference might not apply. Justice Stevens, dissenting separately, argues that a public employer may not require employees to use accrued compensatory time without a prior agreement specifying the terms of use.