christensen et al harris county et argued february decided may fair labor standards act flsa permits political subdivisions compensate employees overtime work granting compensatory time lieu cash payment employees use accumulated compensatory time employer must pay cash compensation certain circumstances fearing consequences pay accrued compensatory time harris county adopted policy requiring employees schedule time order reduce amount accrued time petitioners county deputy sheriffs sued claiming flsa permit employer compel employee use compensatory time absence agreement permitting employer district granted petitioners summary judgment entered declaratory judgment policy violated flsa fifth circuit reversed holding flsa speak issue thus prohibit county implementing policy held nothing flsa implementing regulations prohibits public employer compelling use compensatory time petitioners claim implicitly prohibits compelled use compensatory time absence agreement unpersuasive proposition statute limits thing done particular mode includes negative mode raleigh gaston reid wall resolve case petitioners favor section provides employee requests use compensatory time must permitted unless employer operations unduly disrupted negative inference drawn employer may deny request reason provided section simply ensures employee receive timely benefit overtime work flsa nearby provisions reflect similar concern bottom best reading flsa ensures liquidation compensatory time says nothing restricting employer efforts require employees use time statute silent issue county policy entirely compatible petitioners requires prove county violated two features flsa support interpretation employers permitted decrease number hours employees work employers also may cash accumulated compensatory time paying employee regular hourly wage hour accrued county policy merely involves steps department labor opinion letter taking position employer may compel use compensatory time employee agreed advance practice entitled deference chevron natural resources defense council interpretations opinion letters like interpretations contained policy statements agency manuals enforcement guidelines lack force law warrant deference entitled respect extent persuasive skidmore swift case chevron deference apply agency interpretation contained regulation nothing department labor regulation even arguably requires employer compelled use policy must included agreement deference agency interpretation regulation warranted auer robbins regulation language ambiguous case pp affirmed thomas delivered opinion rehnquist kennedy souter joined scalia joined except part iii souter filed concurring opinion scalia filed opinion concurring part concurring judgment stevens filed dissenting opinion ginsburg breyer joined breyer filed dissenting opinion ginsburg joined edward christensen et petitioners harris county et al writ certiorari appeals fifth circuit may justice thomas delivered opinion fair labor standards act flsa stat amended et seq ed supp iii political subdivisions may compensate employees overtime granting compensatory time comp time entitles take time work full pay employees use accumulated compensatory time employer obligated pay cash compensation certain circumstances fearing fiscal consequences pay accrued compensatory time harris county adopted policy requiring employees schedule time order reduce amount accrued compensatory time employees harris county sheriff department sued claiming flsa prohibits policy appeals rejected claim finding nothing flsa implementing regulations prohibits employer compelling use compensatory time affirm flsa generally provides hourly employees work excess hours per week must compensated excess hours rate less times regular hourly wage although requirement initially apply employers congress amended flsa subject political subdivisions constraints first limited basis see fair labor standards amendments pub stat extending flsa certain categories state local employees broadly see fair labor standards amendments pub stat extending flsa state local employees save elected officials staffs political subdivisions however feel full force latter extension decision garcia san antonio metropolitan transit authority overruled holding national league cities usery flsa constitutionally restrain traditional governmental functions months following garcia congress acted mitigate effects applying flsa political subdivisions passing fair labor standards amendments pub stat see generally moreau klevenhagen amendments permit political subdivisions compensate employees overtime granting compensatory time rate hours every hour worked see provide form compensation employer must arrive agreement understanding employees compensatory time granted instead cash cfr flsa expressly regulates aspects accrual preservation compensatory time example flsa provides employer must honor employee request use compensatory time within reasonable period time following request long use compensatory time unduly disrupt employer operations cfr flsa also caps number compensatory time hours employee may accrue employee reaches maximum employer must pay cash compensation additional overtime hours worked addition flsa permits employer time cancel cash accrued compensatory time hours paying employee cash compensation unused compensatory time cfr flsa entitles employee cash payment accrued compensatory time remaining upon termination employment petitioners deputy sheriffs employed respondents harris county texas sheriff tommy thomas collectively harris county undisputed petitioners individually agreed accept compensatory time lieu cash compensation overtime petitioners accumulated compensatory time harris county became concerned lacked resources pay monetary compensation employees worked overtime reaching statutory cap compensatory time accrual employees left jobs sizable reserves accrued time result county began looking way reduce accumulated compensatory time wrote department labor wage hour division asking whether sheriff may schedule employees use take compensatory time brief petitioners acting administrator division replied position public employer may schedule nonexempt employees use accrued flsa compensatory time directed prior agreement specifically provides provision absent agreement position neither statute regulations permit employer require employee use accrued compensatory time opinion letter dept labor wage hour div wl opinion letter receiving letter harris county implemented policy employees supervisor sets maximum number compensatory hours may accumulated employee stock hours approaches maximum employee advised maximum asked take steps reduce accumulated compensatory time employee voluntarily supervisor may order employee use compensatory time specified times petitioners sued claiming county policy violates flsa requires employer reasonably accommodate employee requests use compensatory time provides exclusive means utilizing accrued time absence agreement understanding permitting method district agreed granting summary judgment petitioners entering declaratory judgment county policy violated flsa moreau harris county supp sd tex appeals fifth circuit reversed holding flsa speak issue thus prohibit county implementing compensatory time policy moreau harris county judge dennis concurred part dissented part concluding employer compel employee use compensatory time unless employee agreed arrangement advance granted certiorari courts appeals divided ii parties amicus curiae concede nothing flsa expressly prohibits state subdivision thereof compelling employees utilize accrued compensatory time petitioners however contend flsa implicitly prohibits practice absence agreement understanding authorizing compelled title provides employee accrued compensatory time requested use compensatory time shall permitted employee employer use time within reasonable period making request use compensatory time unduly disrupt operations public agency petitioners rely upon canon expressio unius est exclusio alterius contending express grant control employees use compensatory time subject limitation regarding undue disruptions workplace operations implies methods spending compensatory time find reading unpersuasive accept proposition hen statute limits thing done particular mode includes negative mode raleigh gaston reid wall canon resolve case petitioners favor thing done defined expenditure compensatory time petitioners instead properly read minimal guarantee employee able make use compensatory time requests use proper expressio unius inference employer may least absence agreement deny employee request use compensatory time reason provided canon application simply prohibit employer telling employee take benefits compensatory time scheduling time work full pay words viewed context overall statutory scheme better read setting forth exclusive method compensatory time used setting safeguard ensure employee receive timely compensation working overtime section guarantees minimum employee get use compensatory time take time work full pay unless disrupt employer operations precisely concern ensuring employees timely liquidate compensatory time secretary labor identified regulations governing compensatory time used means avoid statutory overtime compensation employee right use compensatory time earned must coerced accept compensatory time employer realistically good faith expect able grant within reasonable period making request use time cfr reading confirmed nearby provisions flsa reflect similar concern ensuring employee receive timely benefit overtime work example provides workers may accrue hours compensatory time depending upon nature job see also conditioning employer ability provide compensatory time upon employee accruing compensatory time excess limits section helps guarantee employees accrue amounts compensatory time reasonably use employer need protection free time reduce number hours accrued exchanging cash payment halting accrual compensatory time paying cash compensation overtime work cfr thus like reflects concern employees receive timely benefit exchange overtime work moreover petitioners view compensatory time exception enacted congress wake garcia become nullity employees refuse use compensatory time reach statutory maximums accrual petitioners position convert shield sword forcing employers pay cash compensation instead providing compensatory time employees work overtime bottom think better reading imposes restriction upon employer efforts prohibit use compensatory time employees request provision says nothing restricting employer efforts require employees use compensatory time statute silent issue harris county policy entirely compatible petitioners required prove harris county violated interpretation one prohibit employers forcing employees use compensatory time finds support two features flsa first employers remain free flsa decrease number hours employees work employer may tell employee take afternoon day even entire week cf barrentine best freight system flsa designed ensure employee covered act protected evil overwork internal quotation marks emphasis omitted second flsa explicitly permits employer cash accumulated compensatory time paying employee regular hourly wage hour accrued cfr thus flsa employer free require employee take time work employer also free use money paid wages cash accrued compensatory time compelled use compensatory time challenged case merely involves steps make little sense interpret make combination two steps unlawful independently iii attempt avoid conclusion flsa prohibit compelled use compensatory time petitioners contend defer department labor opinion letter takes position employer may compel use compensatory time employee agreed advance practice specifically argue agency opinion letter entitled deference decision chevron natural resources defense council chevron held must give effect agency regulation containing reasonable interpretation ambiguous statute however confront interpretation contained opinion letter one arrived example formal adjudication rulemaking interpretations opinion letters like interpretations contained policy statements agency manuals enforcement guidelines lack force law warrant deference see reno koray internal agency guideline subject rigors administrative procedur act including public notice comment entitled deference internal quotation marks omitted eeoc arabian american oil interpretative guidelines receive chevron deference martin occupational safety health review interpretative rules enforcement guidelines entitled deference norms derive exercise secretary delegated lawmaking powers see generally davis pierce administrative law treatise ed instead interpretations contained formats opinion letters entitled respect decision skidmore swift extent interpretations power persuade ibid see arabian american oil supra explained find unpersuasive agency interpretation statute issue case course framework deference set forth chevron apply agency interpretation contained regulation case department labor regulation address issue compelled compensatory time regulation provides agreement understanding employer employee may include provisions governing preservation use cashing compensatory time long provisions consistent cfr emphasis added nothing regulation even arguably requires employer compelled use policy must included agreement text regulation indicates command permissive mandatory seeking overcome regulation obvious meaning asserts agency opinion letter interpreting regulation given deference decision auer robbins auer held agency interpretation regulation entitled deference see also bowles seminole rock sand auer deference warranted language regulation ambiguous regulation case however ambiguous plainly permissive defer agency position permit agency guise interpreting regulation create de facto new regulation regulation ambiguous issue compelled compensatory time auer deference unwarranted noted relevant statutory provision expressly implicitly prohibits harris county pursuing policy forcing employees utilize compensatory time opinion letter siding petitioners department labor opined position neither statute regulations permit employer require employee use accrued compensatory time opinion letter emphasis added view exactly backwards unless flsa prohibits respondents adopting policy petitioners show harris county violated flsa flsa contains prohibition judgment appeals affirmed ordered edward christensen et petitioners harris county et al writ certiorari appeals fifth circuit may justice souter concurring join opinion assumption foreclose reading fair labor standards act allows secretary labor issue regulations limiting forced use edward christensen et petitioners harris county et al writ certiorari appeals fifth circuit may justice scalia concurring part concurring judgment join judgment opinion except part iii declines give effect position department labor case opinion letter entitled skidmore deference see skidmore swift skidmore deference authoritative agency views anachronism dating era declined give agency interpretations including interpretive regulations opposed legislative rules authoritative effect see eeoc arabian american oil scalia concurring part concurring judgment former judicial attitude accounts provision administrative procedure act exempted interpretative rules since authoritative requirements applicable rulemaking see era came end watershed decision chevron natural resources defense council established principle may substitute construction statutory provision reasonable interpretation made administrator agency chevron fact involved interpretive regulation rationale case limited context power administrative agency administer congressionally created program necessarily requires formulation policy making rules fill gap left implicitly explicitly congress quoting morton ruiz quite appropriately therefore accorded chevron deference agency regulations authoritative agency positions set forth variety formats see ins adjudication nationsbank variable annuity life ins letter comptroller currency pension benefit guaranty corporation ltv decision pension benefit guaranty restore pension benefit plan young community nutrition institute food drug administration longstanding interpretation statute reflected notice published federal register view therefore position county action case unlawful unless permitted terms agreement sheriff department employees warrants chevron deference represents authoritative view department labor fact appears single opinion letter signed acting administrator wage hour division might alone persuade occupies status solicitor general appearing amicus action filed brief cosigned solicitor labor represents position set forth opinion letter position secretary labor alone even without existence opinion letter view entitle position chevron deference said case involving agency interpretation regulations applies equally view agency interpretation governing statute petitioners complain secretary interpretation comes us form legal brief circumstances case make unworthy deference secretary position sense post hoc rationalizatio advanced agency seeking defend past agency action attack bowen georgetown univ hospital simply reason suspect interpretation reflect agency fair considered judgment matter question auer robbins nonetheless join judgment reasons set forth part ii opinion secretary position seem reasonable interpretation statute edward christensen et petitioners harris county et al writ certiorari appeals fifth circuit may justice stevens justice ginsburg justice breyer join dissenting disagreement parties concerns scope exception general rule appropriate begin correct identification relevant general rule rule gives employees protected fair labor standards act statutory right compensation overtime work payable cash whether work private sector economy public sector ed supp iii congress enacted exception general rule permits political subdivisions use compensatory time instead cash compensation overtime exception however applicable unless public employer first arrives agreement employees substitute type compensation cash cfr read statute employer right impose compensatory overtime payment upon employees except accordance terms agreement authorizing use stumbles treats limited conditional exception though relevant general rule begins opinion correctly asserting public employers may compensate employees overtime granting compensatory time comp time entitles take time work full pay ante reaches bottom second page however acknowledges appeared relevant general rule really exception employees basic right paid cash judgment fact employer may lawfully make use comp time without prior agreement affected employees critical importance answering question whether particular method using form noncash compensation may imposed employees without consent consent condition without employer qualify exception general rule seems clear agreement must encompass way compensatory time may used effort avoid addressing basic point mistakenly characterizes petitioners central argument turning upon canon expressio unius est exclusio according petitioners amicus curiae contend employees granted power act use compensatory time subject solely employers ability make employees wait reasonable time using methods spending compensatory time precluded ante concludes expressio unius help petitioners thing done prescribed statute things excluded simply guarantee employees allowed make use compensatory time upon request rather promise employees able choose subject reasonable time limitation spend ibid description debate misses primary thrust petitioners position implies contend employers generally must afford employees essentially unlimited use accrued comp time statute point rather rules regarding availability use comp time must contained within agreement thing done act parties come terms done respect use comp time county may unilaterally force expenditure thus likewise mistaken insistence petitioners reading comp time exception become nullity employees forc employers pay cash compensation instead providing compensatory time overtime work ante quite contrary employers forced either abide arrangements agreed comply basic statutory requirement overtime compensation payable cash moreover points ante even absent agreement way comp time may used employers may time require employees cash accumulated comp time thereby readily avoiding forced payment comp time employees may accrue cfr neither said congress somehow assumed right force employees use accumulated comp time implied term comp time agreements congress specifically contemplated employees might well reach statutory maximum accrued comp time requiring statutory maximum reached employers must compensate employees preferred form cash every hour limit finally without significance present case government department responsible statute enforcement shares understanding meaning indeed department labor made position clear county response direct question posed county decided agency advice notwithstanding implement policy nonetheless department labor explained public employer may schedule nonexempt employees use accrued flsa compensatory time directed prior agreement specifically provides provision employees knowingly voluntarily agreed provision absent agreement position neither statute regulations permit employer require employee use accrued compensatory time opinion letter dept labor wage hour div wl department emphasized suggest policies forbidden statute regulations rather judgment simply accordance basic rule governing compensatory time set statutory regulatory scheme policies may pursued solely according parties agreement reason believe department opinion anything thoroughly considered consistently observed unquestionably merits respect see skidmore swift end understand difficult parties come agreement term employment antecedent question whether compensatory time may used state employers enjoy substantial bargaining power negotiations employees regulation agreements governing availability use compensatory time essentially informal parties wish see cfr said employers retain ability cash accrued leave time simple step method department labor years ago suggested county pursue achieve precisely outcome county along claimed wants respectfully dissent edward christensen et petitioners harris county et al writ certiorari appeals fifth circuit may justice breyer justice ginsburg joins dissenting justice scalia may well right position department labor set forth brief letter authoritative agency view warrants deference chevron natural resources defense council ante opinion concurring part concurring judgment object majority citing skidmore swift instead disagree justice scalia statement calls skidmore deference anachronism ante skidmore made clear courts may pay particular attention views expert agency represent specialized experience justice jackson wrote views may possess power persuade even lack power control skidmore supra chevron made relevant change simply focused upon additional separate legal reason deferring certain agency determinations namely congress delegated agency legal authority make determinations see chevron supra extent may circumstances deference inapplicable one doubt congress actually intended delegate interpretive authority agency ambiguity chevron presumptively leave agency resolution believe skidmore nonetheless retains legal vitality statutes serve human purposes called courts continue pay particular attention appropriate cases views expert agencies agree justice stevens thoroughly considered consistently observed agency views particularly rather technical case one meri respect ante dissenting opinion course also agree justice stevens reasons sets forth ante labor department position matter eminently reasonable hence persuasive whether one views decision chevron lens skidmore footnotes agreement understanding need formally reached memorialized writing instead arrived informally employee works overtime knowing employer rewards overtime compensatory time see cfr compare collins lobdell upholding employer policy compelling compensatory time use heaton moore striking policy compelling compensatory time use cert denied sub nom schriro heaton granted certiorari question hether public agency governed compensatory time provisions fair labor standards act may absent preexisting agreement require employees use accrued compensatory time decide case assumption agreement understanding exists employer employees issue compelled use compensatory time justice stevens asserts parties never make argument see post dissenting opinion although petitioners fail make arguments latin believe fair reading briefs reveals reliance upon expressio unius canon see brief amicus curiae congress identified one circumstance employer may exercise measure control employee requests use compensatory time employer must allow use within reasonable period time except use unduly disrupt employer operations congress intended employers exercise unilateral control use compensatory time respects well presumably provided reply brief petitioners contending flsa explicitly provides methods reducing compensatory time thus means may used justice stevens dispute argument fact expressly endorses half see post employer free cash compensatory time instead justice stevens claims stumbl failing identify relevant general rule employees statutory right compensation overtime work payable cash post fail general rule relevant case parties case agreed compensatory time provided lieu cash thus general requirement cash compensation supplanted petitioners assert requirement cash compensation relevant analogy claim employer compel compensatory time use compensatory time treated like employee cash bank exclusive control employee analogy wholly inapt terms flsa flsa grants significant control employer accrued compensatory time example employer free buy compensatory time time providing cash compensation cfr additionally employer free deny request use compensatory time use unduly disrupt employer operations cfr cash analogy therefore directly undermined unambiguous provisions statute footnotes comprehend justice breyer contention post dissenting opinion skidmore deference special respect one gives interpretive views expert agency responsible administering statute anachronism may apply circumstances deference inapplicable deference inapplicable three reasons statute unambiguous room administrative interpretation interpretation made personnel agency responsible administering statute interpretation made personnel authoritative sense represent official position expert agency reasons preclude skidmore deference well specific example inapplicability chevron justice breyer posits one doubt congress actually intended delegate interpretive authority agency post appears assume finding statute ambiguous must ask addition invoke chevron deference whether congress intended ambiguity resolved administering agency chevron establishes presumption ambiguities resolved within bounds reasonable interpretation administering agency implausibility congress leaving highly significant issue unaddressed thus delegating resolution administering agency assuredly one factors considered determining whether ambiguity see mci telecommunications american telephone telegraph ambiguity established consequences chevron attach footnotes must noted neither petitioners brief brief amicus curiae actually relies upon canon indeed sole mention either brief petitioners statement case petitioners refer single sentence argument made appeals eighth circuit heaton moore rejecting policy absent agreement effect cert denied schriro heaton add fully agree justice breyer comments chevron natural resources defense council see post