Dannett Madison, on Behalf of Herself and Others Similarly Situated v. Resources for Human Development, Inc.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether the Fair Labor Standards Act applies to a nonprofit corporation providing residential human services programs for mentally ill and mentally retarded adults. The District Court held the FLSA applied, and granted plaintiffs summary judgment, relying in part on an interpretive guideline of the Department of Labor. We agree the FLSA applies. But in view of the Supreme Court’s recent clarification of the amount of deference to be accorded administrative agencies’ informal statutory interpretations, we will vacate the…