Mrs. Orville Isn’t Trying to Steal Tips: An FLSA Story
Benjamin Meyer
BA 2013, Wheaton College (IL); JD Candidate 2018, The University of Chicago Law School

A debate over tips and tipped employees, centered on a few provisions of the Fair Labor Standards Act (FLSA), has arisen among the circuits. Despite turning on only a few phrases in the FLSA, this judicial divide has massive implications for the restaurant and hospitality industries.

Chevron Step One-and-a-Half
Daniel J. Hemel
Assistant Professor of Law, The University of Chicago Law School

For helpful comments, the authors thank Nicholas Bagley, Aditya Bamzai, William Baude, Omri Ben-Shahar, Ryan Doerfler, Richard Epstein, Matthew Etchemendy, Lee Fennell, Margot Kaminski, Robin Kar, Genevieve Lakier, Ronald Levin, Jonathan Masur, Richard McAdams, Jennifer Nou, Michael Pollack, Eric Posner, Richard Posner, John Rappaport, Peter Shane, Paul Stancil, Nicholas Stephanopoulos, David Strauss, Lisa Grow Sun, Christopher Walker, and the participants at workshops at The Ohio State University Moritz College of Law, the J. Reuben Clark Law School, and The University of Chicago Law School. An Online Appendix detailing Chevron Step One-and-a-Half cases is available on The University of Chicago Law Review’s website. All errors are strategic.

Aaron L. Nielson
Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University

The Supreme Court’s decision in Chevron U.S.A. Inc v Natural Resources Defense Council, Inc has created a cottage industry in choreography.

The Unbearable Rightness of Auer
Cass R. Sunstein
Robert Walmsley University Professor, Harvard University
Adrian Vermeule
Ralph S. Tyler Jr Professor of Constitutional Law, Harvard Law School

We are grateful to Ron Levin, John Manning, Arden Rowell, David Strauss, participants at a Harvard Law School faculty workshop, and participants at a University of Chicago symposium for valuable comments, and to Evelyn Blacklock and Maile Yeats-Rowe for superb research assistance. Parts of this Essay significantly expand and revise, while drawing on, a section of a near-contemporaneous, and much longer, article, Cass R. Sunstein and Adrian Vermeule, The New Coke: On the Plural Aims of Administrative Law, 2015 S Ct Rev 41. We are grateful for permission to draw on that section here.