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Auer v. Robbins
''Auer v. Robbins'', 519 U.S. 452 (1997), is a United States Supreme Court case that deals with overtime pay. The question before the court was “Must sergeants and lieutenants in the St. Louis Police Department be paid for working overtime according to relevant provisions found in the Fair Labor Standards Act of 1938?”
== Background ==
Sergeants and a lieutenant of the St. Louis Police Department sued their police commissioners for overtime pay under the Fair Labor Standards Act of 1938. The commissioners argued that under the act the petitioners were bona fide executive, administrative or professional employees and therefore exempt from the FLSA. The Department of Labor states that exemption applies to employees paid a salary. However the regulation states that in order to be exempt from the act the salary cannot change because of variations in the quality or quantity or the work performed, though this was not the practice of the department. The petitioners claimed that because the department could theoretically be reduced for a variety of disciplinary infractions related to the quality and quantity of their work. Both the District Court and the Eighth Court of Appeals disagreed with the petitioners and held that all of them satisfied the salary-basis test.
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