Skidmore v. Swift & Co. — Self-Test Quiz

Q1: What area of law does Skidmore v. Swift & Co. primarily address?


Administrative Law

Q2: What was the central legal issue in Skidmore v. Swift & Co.?


Does waiting time required by an employer qualify as compensable working time under the Fair Labor Standards Act, even when employees are not performing active labor?

Q3: What rule did the court apply?


The weight given to an agency's interpretation depends on its persuasiveness and alignment with statutory purposes, informed by the agency's expertise and thoroughness of consideration.

Q4: What was the court's holding?


The Supreme Court held that such waiting time can be considered working time if it is predominantly for the benefit of the employer, and its compensability depends on the circumstances, including the reasonableness of the policy and the practical impact on the employees' non-working life.

Q5: Why is Skidmore v. Swift & Co. significant?


'Skidmore v. Swift & Co.' matters as it introduced what is now known as Skidmore deference, where agency interpretations can influence the court's understanding of a statute based on their ability to persuade, rather than possessing inherent authority. This case laid a foundation for future interactions between courts and administrative agencies, emphasizing the collaborative nature of legal interpretations across branches. For law students, 'Skidmore' is crucial for appreciating the diversity of judicial deference types afforded to agency interpretations and understanding that not every situation demands adherence to a strict deference framework. This flexibility informs the broader discourse on the role of expertise and specialization in statutory interpretation, a central theme in administrative and regulatory law studies.

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