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Administrative Law Keyed to Asimow
Christensen v. Harris County
Citation:
529 U.S. 576, 120 S. Ct. 1655, 146 L. Ed. 2d 621 (2000)Facts
The petitioners were 127 deputy sheriffs employed by Harris County, Texas. Under the FLSA, public employers may compensate employees for overtime work by providing compensatory time off instead of cash, if agreed to by the employees. As the deputies accumulated substantial amounts of compensatory time, Harris County became concerned about its financial liability if it had to pay cash for this time. The county implemented a policy allowing supervisors to set maximum compensatory time accruals and to order employees to use their compensatory time when they approached these limits. Before implementing this policy, the county sought guidance from the Department of Labor, which advised that such a policy was permissible only if specifically agreed to by employees. Despite this advice, the county implemented the policy. The deputies sued, claiming that the FLSA prohibited the county from compelling the use of compensatory time without a specific agreement.
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