David B. Bowman v. City of Indianapolis

DIANE P. WOOD, Circuit Judge.

In Auer v. Robbins, — U.S. -, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997), the Supreme Court upheld the Secretary of Labor’s “salary basis” test for determining an employee’s exempt status from the overtime requirements of the Fair Labor Standards Act 9 (FLSA), 29 U.S.C. § 201 et seq., as it applied to public-sector employees. In so doing, the Court applied the interpretative principles of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), to the questions before it. Our case presents slightly different…