June 28, 2018 / 10:21 PM / in 4 months

Divided SCOTUS won't address agency deference issue in FLSA case

The U.S. Supreme Court on Thursday declined to decide whether employers may use paid breaks to offset overtime pay owed to workers, but three conservative justices said the court should have used the case to resolve a circuit split over the deference owed to the U.S. Department of Labor and other federal agencies.

The court in a 5-3 decision denied EI DuPont de Nemours & Co’s bid for certiorari. The chemical manufacturer was challenging a 3rd U.S. Circuit Court of Appeals ruling that said the company’s practice of paying workers for breaks and using it as a credit against overtime wages violated the Fair Labor Standards Act.

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