U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Whether, under the FLSA, employers are responsible for reimbursing foreign workers’ pre-employment travel and immigration expenses.

2. Whether deference is owed to DOL’s interpretation of the FLSA and its regulations.

Case Updates

Cert. petition denied

June 16, 2014

U.S. Chamber urges Supreme Court to review Auer doctrine

March 12, 2014

In the coalition brief, the U.S. Chamber asked the Supreme Court to review the Ninth Circuit’s interpretation of the Auer doctrine in the application of the Fair Labor Standards Act (FSLA). If allowed to stand, the Ninth Circuit’s decision in this case will impose substantial new burdens and costs on companies that hire guest workers. The brief argues that review of the Ninth Circuit’s holding will offer an ideal opportunity to resolve a well-documented circuit split over the application of the FLSA to the H-2A and H-2B programs. Additionally, there is a need to clarify the appropriate scope of deference that is owed to an administrative agency’s interpretation of its own regulations.

The Chamber filed the brief jointly with the National Mining Association.

Jeffrey M. Harris of Bancroft PLLC represented the U.S. Chamber of Commerce as co-counsel to the National Chamber Litigation Center.

Case Documents