Agencies have the highest level of deference in interpreting their own regulations. However, deference is warranted only if the language of the regulation is ambiguous unless it is plainly erroneous or inconsistent with the regulation. The case expands Chevron deference by giving the agency the highest deference. Decided February 19, 1997 (argued December 10, 1996). Opinion of the Court: Antonin Scalia → go there Topic: Administrative law. Auer v. Robbins, 519 U.S. 452 (1997), is a United States Supreme Court case that concerns the standard that the Court should apply when it reviews an executive department's interpretation of regulations established under federal legislation. The specific issue was whether sergeants and lieutenants in the St. Louis Police Department should be paid for working overtime. The Fair Labor Standards Act of 1938 established the overtime pay requirement, and the US Department of Labor issued regulations to determine if an employee was covered by the overtime requirement. Wiki link