Cite as: 508 U. S. 22 (1993)
Opinion of the Court
to both the focus on the word "agreement" in subclause (i) and the focus on "employees" in subclause (ii); is true to subsection 7(o)'s hierarchy, which favors subclause (i) agreements over individual agreements by limiting use of the latter to cases in which the former are unavailable; and is consistent with the DOL regulations, interpreted most reasonably. Although 29 CFR § 553.23(b), read in isolation, would support petitioners' view that selection of a representative—even one without lawful authority to bargain—is sufficient to bring the employees within subclause (i)'s scope, that interpretation would prohibit entirely the use of comp time in a substantial portion of the public sector and would be inconsistent with the Secretary's statement that the "representative" determination is a local matter. The latter clarification establishes that when the regulations identify representative selection as the condition necessary for subclause (i) coverage, they refer only to those representatives with lawful authority to negotiate agreements. In this case, both lower courts found that Texas law prohibits petitioners' representative from entering into an agreement with their employer. Accordingly, petitioners did not have a representative with such authority. Pp. 31-35. 956 F. 2d 516, affirmed.
Stevens, J., delivered the opinion for a unanimous Court.
Michael T. Leibig argued the cause for petitioners. With him on the briefs were Laurence Gold and Walter Kamiat.
Harold M. Streicher argued the cause for respondents. With him on the brief were Murray E. Malakoff and Mike Driscoll.*
Justice Stevens delivered the opinion of the Court. The Fair Labor Standards Act (FLSA or Act) generally requires employers to pay their employees for overtime work at a rate of 11/2 times the employees' regular wages.1 In 1985, Congress amended the FLSA to provide a limited
*Briefs of amici curiae urging affirmance were filed for the State of Missouri by William L. Webster, Attorney General, Bruce Farmer, Assistant Attorney General, Jack L. Campbell, and William E. Quirk; for the National Association of Counties et al. by Richard Ruda and Charles J. Cooper; and for the Texas Municipal League et al. by Susan M. Horton.
1 52 Stat. 1063, as amended, 29 U. S. C. § 207(a).
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