Auer v. Robbins
Encyclopedia
Auer v. Robbins, 519 U.S. 452 (1997), is a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 case that deals with overtime
Overtime
Overtime is the amount of time someone works beyond normal working hours. Normal hours may be determined in several ways:*by custom ,*by practices of a given trade or profession,*by legislation,...

 pay. The question before the court was “Must sergeants and lieutenants in the St. Louis Police Department be paid for working overtime according to relevant provisions found in the Fair Labor Standards Act
Fair Labor Standards Act
The Fair Labor Standards Act of 1938 is a federal statute of the United States. The FLSA established a national minimum wage, guaranteed 'time-and-a-half' for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute...

 of 1938?”

Background

Sergeants and a lieutenant of the St. Louis Police Department sued their police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...

 commissioners for overtime pay under the Fair Labor Standards Act of 1938. The commissioners argued that under the act the petitioners were bona fide executive, administrative or professional employees and therefore exempt from the FLSA. The Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...

 states that exemption applies to employees paid a salary
Salary
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis....

. However the regulation states that in order to be exempt from the act the salary cannot change because of variations in the quality or quantity or the work
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...

 performed, though this was not the practice of the department. The petitioners claimed that because the department could theoretically be reduced for a variety of disciplinary infractions related to the quality and quantity of their work. Both the District Court and the Eighth Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...

 disagreed with the petitioners and held that all of them satisfied the salary-basis test.

Opinion of the Court

The court agreed with the lower courts' assertions that the petitioners met the requirements of fully salaried employees. The court also stated that the laws as interpreted cannot be challenged because they were suing the police commissioners, not the Secretary of Labor.

See also

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