Auer Deference
What does "Auer Deference" mean in law?
Also known as Seminole Rock deference, this doctrine holds that courts should defer to an agency's interpretation of its own ambiguous regulation unless the interpretation is plainly erroneous or inconsistent with the regulation. Established in Bowles v. Seminole Rock (1945) and reaffirmed in Auer v. Robbins (1997), this standard was significantly narrowed by Kisor v. Wilkie (2019), which held that courts must first exhaust all traditional tools of interpretation before concluding a regulation is genuinely ambiguous. Even when deference applies after Kisor, the agency interpretation must reflect the agency's authoritative, considered position and must fall within the zone of ambiguity.
Definition
Also known as Seminole Rock deference, this doctrine holds that courts should defer to an agency's interpretation of its own ambiguous regulation unless the interpretation is plainly erroneous or inconsistent with the regulation. Established in Bowles v. Seminole Rock (1945) and reaffirmed in Auer v. Robbins (1997), this standard was significantly narrowed by Kisor v. Wilkie (2019), which held that courts must first exhaust all traditional tools of interpretation before concluding a regulation is genuinely ambiguous. Even when deference applies after Kisor, the agency interpretation must reflect the agency's authoritative, considered position and must fall within the zone of ambiguity.
Example
When the Department of Labor interpreted its own regulation defining 'salary basis' for FLSA exemptions, the Supreme Court in Auer v. Robbins deferred to the agency's reading of its own ambiguous rule.