Skidmore v. Swift & Co.

Skidmore v. Swift & Co., 323 U.S. 134 (1944), is a United States Supreme Court decision holding that an administrative agency's interpretative rules deserve deference according to their persuasiveness.

Background of the case

Seven employees of the Swift & Company packing plant at Fort Worth, Texas brought an action under the Fair Labor Standards Act of 1938 to recover overtime, liquidated damages, and attorneys' fees, totaling approximately $77,000 (equivalent to $1.04 million in 2021). The District Court rendered judgment denying this claim wholly, and the 5th Circuit affirmed.

Issue

The case examined the deference that was due to the interpretative rules of an administrative agency.

The court's decision

Justice Jackson delivered the opinion of the Court, which held that nothing in statutory law or the decisions of the Court precluded waiting time from also being working time. The opinion introduced a test for determining the deference to be given to an administrative agency's rules. The four-factor test examines: (1) the thoroughness of the agency's investigation; (2) the validity of its reasoning; (3) the consistency of its interpretation over time; and (4) other persuasive powers of the agency.

Subsequent developments

The continuing vitality of Skidmore deference is in question. Justice Scalia, in his concurrence in Christensen v. Harris County, argued that Skidmore has no place post-Chevron. However, the majority in Christensen held that an agency's interpretation of a statute announced in more informal agency papers (such as an opinion letter) is entitled to Skidmore deference, not Chevron deference.

See also

• Swift and Company v. United States
• List of United States Supreme Court cases, volume 323

External links

• Text of Skidmore v. Swift & Co., 323 U.S. 134 (1944) is available from:  Findlaw  Justia