Legal Opinion · Dissent

Castellanos-Contreras v. Decatur Hotels, LLC

Court of Appeals for the Fifth Circuit

Decided October 4, 2010No. 07-30942Published

1Dissent

DENNIS, Circuit Judge,

dissenting, joined fully by JENNIFER WALKER ELROD, Circuit Judge; and joined in Sections I and II only by KING, W. EUGENE DAVIS, CARL E. STEWART, and PRADO, Circuit Judges.1

The majority opinion (1) ignores controlling Supreme Court decisions holding that federal courts must give deference to the Department of Labor’s (“DOL”) reasonable interpretations of its own valid regulations under the Fair Labor Standards Act (“FLSA”); (2) adopts and applies its own eccentric interpretation of the FLSA and the DOL’s regulations, holding, contrary to the DOL’s views, that the…

2Cases cited28 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Auer v. RobbinsSupreme Court of the United States · 1997
  5. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988

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