Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), the U.S. Supreme Court said yes. However, the Court heard oral argument on March 27 on whether those cases should be overturned. Kisor v. Wilkie, No. 18-15. If the Court overturns Auer and Seminole Rock, the decision will have a significant impact on many employment cases involving interpretations of agency regulations, particularly those issued by the Department of Labor. The case is definitely one to watch and the decision will affect nearly every federal agency.
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