Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158 (2007). · Go Syfert
Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158 (2007). Cases Citing This Book View Copy Cite
1,123 citation events (1,111 in the last 25 years) across 74 distinct courts.
Strongest positive: Neurological Surgery Practice of Long Island, PLLC v. United States Department of Health and Human Services (nyed, 2025-05-23)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Neurological Surgery Practice of Long Island, PLLC v. United States Department of Health and Human Services
E.D.N.Y · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
since the proposed rule was simply a proposal, its presence meant that the department was considering the matter; after that consideration the department might choose to adopt the proposal or to withdraw it.
discussed Cited as authority (verbatim quote) Maria Eugenia Blanco v. Anand Adrian Samuel (2×) also: Cited as authority (rule)
11th Cir. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the flsa explicitly leaves gaps" for the department to fill "through rules and regulations
examined Cited as authority (verbatim quote) University of Colorado Health at Memorial Hospital v. Burwell (3×) also: Cited "see"
D.D.C. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
since the proposed rule was simply a proposal, its presence meant that the department was considering the matter.
examined Cited as authority (verbatim quote) Thomas E. Perez v. Loren Cook Company (4×) also: Cited as authority (quoted)
8th Cir. · 2015 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
s long as interpretive changes create no unfair surprise . . . the change in interpretation alone presents no separate ground for disregarding the department's present interpretation.
examined Cited as authority (verbatim quote) Roberto Maldonado v. Eric Holder, Jr. (4×) also: Cited as authority (quoted)
unknown court · 2015 · signal: see · quote attribution · 4 verbatim quotes · confidence high
an agency's interpretation of its own regulations is controlling unless plainly erroneous or inconsistent with the regulations being interpreted
discussed Cited as authority (verbatim quote) Roberto Maldonado v. Eric Holder, Jr.
9th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
an agency's interpretation of its own regulations is controlling unless plainly erroneous or inconsistent with the regulations being interpreted
discussed Cited as authority (verbatim quote) United States v. Magnesium Corp. of America
10th Cir. · 2010 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
nterpretive changes create no unfair surprise.
discussed Cited as authority (verbatim quote) United States v. Magnesium Corp. of America
10th Cir. · 2010 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
nterpretive changes create no unfair surprise.
examined Cited as authority (quoted) United States v. Trey Campbell
4th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence low
he two regulations are inconsistent, for the one limits the definition of 'domestic service employee' . . . to workers employed by the household, but the other includes in . . . persons who are not employed by the household.
examined Cited as authority (quoted) McMunn v. Babcock & Wilcox Power Generation Group, Inc. (4×)
3rd Cir. · 2017 · quote attribution · 4 verbatim quotes · confidence low
s long as interpretive changes create no unfair surprise . . . the change in interpretation alone presents no separate ground for disregarding the department's present interpretation.
examined Cited as authority (quoted) Southwest Pharmacy Solutions, Inc. v. Centers for Medicare & Medicaid Services (3×)
5th Cir. · 2013 · quote attribution · 3 verbatim quotes · confidence low
s long as interpretive changes create no unfair surprise ... the change in interpretation alone presents no separate ground for disregarding the department's present interpretation.
examined Cited as authority (quoted) Ouachita Riverkeeper, Inc. v. Bostick
D.D.C. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a lift station will be constructed at each of the five (5) connections to the network to provide sufficient head to transport treated water to the ouachita river.... no wetlands or waters of the u.s. impacts occur at the proposed lift station construction areas.
examined Cited as authority (quoted) Hayes v. United States (3×)
Fed. Cl. · 2010 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
when an agency fills such a 'gap' reasonably ... the courts accept the result as legally binding
examined Cited as authority (quoted) Council Tree Communications, Inc. v. Federal Communications Commission (3×)
3rd Cir. · 2010 · quote attribution · 3 verbatim quotes · confidence low
the courts of appeals have generally interpreted this to mean that the final rule the agency adopts must be 'a logical outgrowth' of the rule proposed. the object, in short, is one of fair notice.
examined Cited as authority (quoted) United States v. Magnesium Corp. of America (3×)
10th Cir. · 2010 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
nterpretive changes create no unfair surprise.
examined Cited as authority (quoted) Odeniran v. Hanley Wood, LLC (3×)
D.C. · 2009 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
normally the specific governs the general
examined Cited as authority (quoted) Al-Marri v. Pucciarelli (4×)
4th Cir. · 2008 · signal: see · quote attribution · 4 verbatim quotes · confidence high
normally the specific governs the general.
examined Cited as authority (quoted) Miami-Dade County v. United States Environmental Protection Agency (5×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2008 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
might choose to adopt the proposal or to withdraw it.
examined Cited as authority (quoted) Tammy Buckner v. Florida Habilitation Network, Inc (4×) also: Cited "see"
11th Cir. · 2007 · quote attribution · 2 verbatim quotes · confidence low
coke iii
cited Cited as authority (rule) Emily Fitzmorris, et al. v. Lori Weaver, Commissioner, New Hampshire Department of Health and Human Services, et al.
D.N.H. · 2026 · confidence medium
Id. (quoting Christopher v. SmithKline Beecham Corp., 567 U.S. 142, 155 (2012); and then Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007)).
examined Cited as authority (rule) U.S. Dep't of Labor v. Americare Healthcare Services (4×) also: Cited "see"
6th Cir. · 2026 · confidence medium
In Coke, a unanimous Supreme Court concluded the following about the Companionship Services Exemption: “The statutory language refers broadly to ‘domestic service employment’ and to ‘companionship services.’ It expressly instructs the agency to work out the details of those broad definitions.” 551 U.S. at 167 (emphasis added).
examined Cited as authority (rule) Intra-National Home Care, LLC, and Americare Home Healthcare Services, LLC v. United States Department of Labor, et al.; Agewell Home Helpers, Inc. d/b/a Agewell Caregiver Service v. United States Department of Labor, et al. (3×) also: Cited "see", Cited "see, e.g."
W.D. Pa. · 2025 · confidence medium
In 1974, Congress amended the FLSA to extend its minimum wage and overtime provisions to employees in “domestic service.” See Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 162 (2007) (citing Fair Labor Standards Amendments of 1974 (“1974 Amendments”), Pub.
discussed Cited as authority (rule) State of Iowa v. Chris Wright
8th Cir. · 2025 · confidence medium
But the object of the APA’s notice-and-comment procedures is “one of fair notice.” Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007); see also American Fed’n of Lab. & Cong. of Indus Orgs., 757 F.2d at 338 (“If the final rule deviates too sharply from the proposal, affected parties will be deprived of notice and an opportunity to respond to the proposal.”) (cleaned up).
cited Cited as authority (rule) National Association of Broadcasters v. FCC
D.C. Cir. · 2025 · confidence medium
To meet the notice requirement, the final rule “must be a logical outgrowth of the rule proposed.” Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007) (citation modified).
discussed Cited as authority (rule) Gemini Fishing Inc. v. United States Department of Homeland Security
D. Mass. · 2025 · confidence medium
As Gemini properly argues, there is an exception to Auer deference for new interpretations that create “unfair surprise,” such as when the agency’s interpretation of a regulation “substitutes one view of a rule for another,” or “impose[s] retroactive liability on parties for longstanding conduct that the agency had never before addressed.” Id. at 579 (quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007)).
discussed Cited as authority (rule) FDA v. Wages and White Lion Investments, LLC
SCOTUS · 2025 · signal: cf. · confidence medium
National Cable & Telecommunica- tions Assn. v. Brand X Internet Services, 545 U. S. 967, 981 (2005); cf. Long Island Care at Home, Ltd. v. Coke, 551 U. S. 158, 174 (2007) (“The Courts of Appeals have generally in- terpreted this to mean that the final rule the agency adopts must be a logical outgrowth of the rule proposed” (internal quotation marks omitted)). b Respondents contend that the FDA “said nothing about comparing” dessert-, candy-, and fruit-flavored “products to tobacco-flavored products,” Brief for Respondents 27, and even suggested manufacturers could “freely select�…
discussed Cited as authority (rule) Department of Labor v. Americare Healthcare Services, LLC (2×) also: Cited "see"
S.D. Ohio · 2025 · confidence medium
Id. at 168, 171 .
discussed Cited as authority (rule) League of California Cities v. FCC
9th Cir. · 2024 · confidence medium
Moreover, “a court may not defer to a new interpretation . . . that creates ‘unfair surprise’ to regulated parties.” Kisor, 588 U.S. at 579 (quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007)).
discussed Cited as authority (rule) United States v. Trumbull
9th Cir. · 2024 · confidence medium
Indeed, Application Note 2 sets a higher floor for “large capacity magazine.” Third, the Court in Kisor cautioned against deferring to a “convenient litigating position” or “new interpretation . . . that creates ‘unfair surprise’ to regulated parties.” 588 U.S. at 579 (first quoting Christopher v. SmithKline Beecham Corp., 567 U.S. 142, 155 (2012); and then quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007)).
discussed Cited as authority (rule) Firearms Regulatory Accountability Coalition, Inc. v. Merrick B. Garland
8th Cir. · 2024 · confidence medium
The logical-outgrowth rule requires “that the final rule the agency adopts . . . be a logical outgrowth of the rule proposed.” Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007) (cleaned up).
cited Cited as authority (rule) Center for Biological Diversity v. National Marine Fisheries Service
D.C. Cir. · 2024 · confidence medium
Under the logical-outgrowth rule, “the final rule the agency adopts must be a logical outgrowth of the rule proposed.” Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007) (cleaned up).
cited Cited as authority (rule) The National Rifle Association of America Inc v. Bureau of Alcohol, Tobacco, Firearms and Explosives
N.D. Tex. · 2024 · confidence medium
Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 [] (2007).
discussed Cited as authority (rule) Watterson v. Bureau of Alcohol, Tobacco, Firearms and Explosives (2×)
E.D. Tex. · 2024 · confidence medium
The APA “requires an agency conducting notice-and-comment rulemaking to publish in its notice of proposed rulemaking ‘either the terms or substance of the proposed rule or a description of the subjects and issues involved.’” Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007) (citing 5 U.S.C. § 553 (b)(3)).
discussed Cited as authority (rule) Powder River Basin Resource Council v. Department of the Interior
D.D.C. · 2023 · confidence medium
Plaintiffs have cited no legal authority supporting that contention, and the law is clear that “an agency may justify its policy choice by explaining why that policy ‘is more consistent with statutory language’ than alternative policies.” Encino Motorcars, LLC v. Navarro, 579 U.S. 211 , 223–24 (2016) (quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 175 (2007) (internal quotation marks omitted)).
discussed Cited as authority (rule) Aposhian v. Whitaker
D. Utah · 2023 · confidence medium
Educ. & Research v. United States, 562 U.S. 44 , 58 (2011) (“In [] Long Island Care[, 551 U.S. 158, 173 (2007),] we found that Chevron provided the appropriate standard of review” for reviewing legislative rules); Am.
discussed Cited as authority (rule) Medica Insurance Company v. Becerra
D.D.C. · 2023 · confidence medium
A court will not “defer to a new interpretation . . . that creates ‘unfair surprise’ to regulated parties,” especially when “an agency substitutes one view of a rule for another.” Kisor, 139 S. Ct. at 2418 (quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007)).
discussed Cited as authority (rule) Seia v. Ferc (2×) also: Cited "see"
9th Cir. · 2023 · confidence medium
FERC was entitled to “justify its policy choice by explaining why that policy ‘is more consistent with statutory language’ than alternative policies.” Encino Motorcars, 579 U.S. at 223 (quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 175 (2007)).
discussed Cited as authority (rule) Alaska Industrial Development and Export Authority v. Biden
D. Alaska · 2023 · confidence medium
Cal. Dec. 28, 2022) (invalidating agency decisions “motivated by a desire to reach a specific outcome, and . . . not informed by expertise, evidence or careful analysis”). 230 Brand X Internet Servs., 545 U.S. at 981 (emphasis added) (citations and internal quotation marks omitted). 231 Dep’t of Com. v. New York, 139 S. Ct. 2551, 2573 (2019) (citation omitted). 232 Michigan v. EPA, 576 U.S. 743, 758 (2015) (observing the “foundational principle of administrative law” that a court’s review is limited to “the grounds that the agency invoked when it took the action.” (citation omi…
examined Cited as authority (rule) Mock v. Garland (3×) also: Cited "see"
5th Cir. · 2023 · confidence medium
Plaintiffs have focused on whether the Final Rule was a logical outgrowth of the Proposed Rule, see Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007), a requirement only for legislative rules. 38 Though the analysis requires reviewing first prin- ciples, we agree.
discussed Cited as authority (rule) United States v. Vargas
5th Cir. · 2023 · confidence medium
This means an agency will not earn deference for “a merely ‘convenient litigating position’” or for a “new interpretation” that unfairly disrupts expectations, such as “when an agency substitutes one view of a rule for another.” Id. at 2418 (first quoting Christopher, 567 U.S. at 155 ; then citing Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007); and then citing Thomas Jefferson, 512 U.S. at 515 ).
discussed Cited as authority (rule) Wendz v. Dept. of Education
Cal. Ct. App. · 2023 · confidence medium
(Id. at p. 174.) In determining whether there was adequate notice, the Court first noted that the federal APA requires an agency conducting notice-and- comment rulemaking to publish in its notice of proposed rulemaking “ ‘either the terms or substance of the proposed rule or a description of the subjects and issues involved.’ ” (Long Island Care at Home, Ltd. v. Coke, supra, 551 U.S. at p. 174.) “The Courts of Appeals have generally interpreted this to mean that the final rule the agency adopts must be ‘a “logical outgrowth” of the rule proposed.’ ” (Ibid.) “The object, i…
cited Cited as authority (rule) Mock v. Garland
N.D. Tex. · 2023 · confidence medium
Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007).
discussed Cited as authority (rule) Nova v. Secretary of Veterans Affairs
Fed. Cir. · 2022 · confidence medium
The Supreme Court proceeded to separately summarize case law holding that an agency interpretation should not receive Auer deference when it conflicts with a prior inter- pretation and “creates ‘unfair surprise’ to regulated par- ties.” Kisor, 139 S. Ct. at 2417–18 (quoting Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 170 (2007)).
discussed Cited as authority (rule) Center for Biological Diversity v. National Marine Fisheries Service
D.D.C. · 2022 · confidence medium
While plaintiffs are perhaps correct that the erroneous ROD’s “existence demonstrates that NMFS was prepared to issue a 26-foot final rule and . . . applied the same justifications for the 26-foot rule to its 40-foot rule,” Pls.’ Mem. at 24, it does not necessarily follow that the decision to set the cutoff for vessel length at 40 feet instead of 26 feet was unjustified or inappropriate. 33 Care at Home, Ltd. v. Coke (“Long Island Care”), 551 U.S. 158, 174 (2007) (internal quotation omitted). “‘A final rule is the logical outgrowth of a proposed rule if interested parties shoul…
discussed Cited as authority (rule) The Grand Traverse Band of Ottawa and Chippewa Indians, and Its Employee Welfare Plan v. Blue Cross and Blue Shield of Michigan
E.D. Mich. · 2022 · confidence medium
See, e.g., Nat’l Ass’n of Home Builders v. Defs. of Wildlife, 551 U.S. 644 , 688–69[] (2007) (invoking the canon against surplusage in the interpretation of regulatory language); Long Island Care Home, Ltd. v. Coke, 551 U.S. 158, 170 [] (2007) (using the canon that the specific controls the general in construing regulatory language).
examined Cited as authority (rule) INTRA-NATIONAL HOME CARE, LLC v. UNITED STATES DEPARTMENT OF LABOR (3×) also: Cited "see", Cited "see, e.g."
W.D. Pa. · 2022 · confidence medium
In 1974, Congress amended the FLSA to extend its minimum wage and overtime provisions to employees in “domestic service.” See Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 162 (2007) (citing Fair Labor Standards Amendments 2 These actions were initially filed against then-Secretary of Labor Eugene Scalia and then-Wage and Hour Division Administrator Cheryl Stanton.
discussed Cited as authority (rule) Franklin v. Jenn's Angels, LLC
M.D. La. · 2022 · confidence medium
Independent Contractor or Employee Analysis Plaintiffs must have been employees of Defendants to be entitled to the protections of the FLSA.24 Employee status is determined by the economic realities test.25 The Fifth Circuit decision of Parrish v. Premier Drilling26 provides the relevant factors for the economic realities test: 21 29 U.S.C. § 213 (a)(15). 22 Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 168 (2007). 23 Rec.
discussed Cited as authority (rule) WALSH v. IDEAL HOMECARE AGENCY, LLC
W.D. Pa. · 2021 · confidence medium
But where the regulation is “’procedurally defective’ - that is, where the agency errs by failing to follow the correct procedures in issuing the regulation,” then “Chevron deference is not warranted.” Id. (quoting Mead Corp., 533 U.S. at 227 and citing Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174-176 (2007) (rejecting challenge to procedures by which regulation was issued and affording Chevron deference)).
discussed Cited as authority (rule) Northwest Environmental Defense Center v. U.S. Army Corps of Engineers
D. Or. · 2021 · confidence medium
In determining the limits of the Corps’ authority to make “such modifications as in the 4 The Corps argues its legal opinion is entitled to deference and cites a case where Chevron deference was applied to uphold an agency’s interpretation of the Fair Labor Standards Act, Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 165 (2007).
discussed Cited as authority (rule) 2 for the Second Circuit
2d Cir. · 2021 · confidence medium
“Courts of Appeals have generally interpreted this to mean 9 that the final rule the agency adopts must be a logical outgrowth of the rule 10 proposed.” Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 174 (2007) 11 (internal quotation marks omitted); see also Nat’l Black Media Coal v. FCC, 791 12 F.2d 1016 , 1022 (2d Cir. 1986).
Retrieving the full opinion text from the archive…
LONG ISLAND CARE AT HOME, LTD., Et Al.
v.
COKE
H. Bartow Farr III argued the cause for petitioners. With him on the briefs were Richard G. Taranto and Daniel S. Alter., David B. Salmons argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Deputy Solicitor General Kneedler, Jonathan L. Snare, Steven J. Mandel, and Edward D. Sieger., Harold Craig Becker argued the cause for respondent. With him on the brief was Michael Shen*
Breyer.
Cited by 336 opinions  |  Published
13 passages pin-cited by 13 cases
Pinpoint authority: #5,008 of 633,719
Citer courts: Third Circuit (7) · Fourth Circuit (5) · Eleventh Circuit (4) · Tenth Circuit (3) · Fifth Circuit (3) · Eighth Circuit (3) · District of Columbia Court of … (3)
Justice Breyer

delivered the opinion of the Court.

A provision of the Fair Labor Standards Act exempts from the statute’s minimum wage and maximum hours rules

[*162] “any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary [of Labor]).” 29 U. S. C. §213(a)(15).

A Department of Labor regulation (labeled an “interpretation”) says that this statutory exemption includes those “companionship” workers who “are employed by an employer or agency other than the family or household using their services.” 29 CFR § 552.109(a) (2006). The question before us is whether, in light of the statute’s text and history, and a different (apparently conflicting) regulation, the Department’s regulation is valid and binding. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 843-844 (1984). We conclude that it is.

I

A

In 1974, Congress amended the Fair Labor Standards Act of 1938 (FLSA or Act), 52 Stat. 1060, to include many “domestic service” employees not previously subject to its minimum wage and maximum hour requirements. See Fair Labor Standards Amendments of 1974 (1974 Amendments), §§ 7(b)(1), (2), 88 Stat. 62 (adding 29 U. S. C. §206(f), which provides for a minimum wage for domestic service employees, and §207(¿), which extends overtime restrictions to domestic service employees). When doing so, Congress simultaneously created an exemption that excluded from FLSA coverage certain subsets of employees “employed in domestic service employment,” including babysitters “employed on a casual basis” and the companionship workers described above. § 7(b)(3), 88 Stat. 62 (codified at 29 U. S. C. § 213(a)(15)).

[*163] The Department of Labor (Department or DOL) then promulgated a set of regulations that included two regulations at issue here. The first, set forth in a subpart of the proposed regulations entitled “General Regulations,” defines the statutory term “domestic service employment” as

“services of a household nature performed by an employee in or about a private home ... of the person by whom he or she is employed ... such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, nurses, janitors, laundresses, caretakers, handymen, gardeners, footmen, grooms, and chauffeurs of automobiles for family use [as well as] babysitters employed on other than a casual basis.” 40 Fed. Reg. 7405 (1975) (emphasis added) (codified at 29 CFR § 552.3).

The second, set forth in a later subsection entitled “Interpretations,” says that exempt companionship workers include those

“who are employed by an employer or agency other than the family or household using their services... [whether or not] such an employee [is assigned] to more than one household or family in the same workweek . . . .” 40 Fed. Reg. 7407 (codified at 29 CFR § 552.109(a)).

This latter regulation (which we shall call the “third-party regulation”) has proved controversial in recent years. On at least three separate occasions during the past 15 years, the Department considered changing the regulation and narrowing the exemption in order to bring within the scope of the FLSA’s wage and hour coverage companionship workers paid by third parties (other than family members of persons receiving the services, who under the proposals were to remain exempt). 58 Fed. Reg. 69310-69312 (1993); 60 Fed. Reg. 46798 (1995); 66 Fed. Reg. 5481, 5485 (2001). But the[*164] Department ultimately decided not to make any change. 67 Fed. Reg. 16668 (2002).

B

In April 2002, Evelyn Coke (respondent), a domestic worker who provides “companionship services” to elderly and infirm men and women, brought this lawsuit against her former employer, Long Island Care at Home, Ltd., and its owner, Maryann Osborne (petitioners). App. 1, 19; 267 F. Supp. 2d 332, 333-334 (EDNY 2003). She alleged that petitioners failed to pay her the minimum wages and overtime wages to which she was entitled under the FLSA and a New York statute, and she sought a judgment for those unpaid wages. App. 21-22. All parties assume for present purposes that the FLSA entitles Coke to the payments if, but only if, the statutory exemption for “companionship services” does not apply to companionship workers paid by third-party agencies such as Long Island Care.. The District Court found the Department’s third-party regulation valid and controlling, and it consequently dismissed Coke’s lawsuit. 267 F. Supp. 2d, at 341.

On appeal, the Second Circuit found the Department’s third-party regulation “unenforceable” and set aside the District Court’s judgment. 376 F. 3d 118, 133, 135 (2004). Long Island Care and Osborne sought certiorari. At the Solicitor General’s suggestion, we vacated the Second Circuit’s decision and remanded the case so that the Circuit could consider a recent DOL “Advisory Memorandum” explaining (and defending) the regulation. 546 U. S. 1147 (2006); App. E to Pet. for Cert. 50a (Wage and Hour Advisory Memorandum No. 2005-1 (Dec. 1, 2005) (hereinafter Advisory Memorandum)). The Advisory Memorandum failed to convince the Second Circuit, which again held the regulation unenforceable. 462 F. 3d 48, 50-52 (2006) (per curiam). Long Island Care and Osborne again sought certiorari. And this time, we granted their petition and set the case for argument.

[*165] II

We have previously pointed out that the “‘power of an administrative agency to administer a congressionally created ... program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.’ ” Chevron, 467 U. S., at 843 (quoting Morton v. Ruiz, 415 U. S. 199, 231 (1974); omission in. original). When an agency fills such a “gap” reasonably, and in accordance with other applicable (e.g., procedural) requirements, the courts accept the result as legally binding. 467 U. S., at 843-844; United States v. Mead Corp., 533 U. S. 218, 227 (2001).

In this ease, the FLSA explicitly leaves gaps, for example, as to the scope and definition of statutory terms such as “domestic service employment” and “companionship services.” 29 U. S. C. § 213(a)(15). It provides the Department with the power to fill these gaps through rules and regulations. ibid.; 1974 Amendments, § 29(b), 88 Stat. 76 (authorizing the Secretary of Labor “to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act”). The subject matter of the regulation in question concerns a matter in respect to which the agency is expert, and it concerns an interstitial matter, i. e., a portion of a broader definition, the details of which, as we said, Congress entrusted the agency to work out.

The Department focused fully upon the matter in question. It gave notice, it proposed regulations, it received public comment, and it issued final regulations in light of that comment. 39 Fed. Reg. 35383 (1974); 40 Fed. Reg. 7404. See Mead, supra, at 230. The resulting regulation says that employees who provide “companionship services” fall within the terms of the statutory exemption irrespective of who pays them. Since on its face the regulation seems to fill a statutory gap, one might ask what precisely is it about the regulation that might make it unreasonable or otherwise unlawful?

[*166] Respondent argues, and the Second Circuit concluded, that a thorough examination of the regulation’s content, its method of promulgation, and its context reveals serious legal problems — problems that led the Second Circuit to conclude that the regulation was unenforceable. In particular, respondent claims that the regulation falls outside the scope of Congress’ delegation; that it is inconsistent with another, legally governing regulation; that it is an “interpretive” regulation not warranting judicial deference; and that it was improperly promulgated. We shall examine each of these claims in turn.

A

.Respondent refers to the statute’s language exempting from FLSA coverage those “employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves.” 29 U. S. C. §213(a)(15). She claims that the words “domestic service employment” limit the provision’s scope to those workers employed by persons who themselves receive the services (or are part of that person’s household), and exclude those who are employed by “third parties.” And she advances several arguments in favor of this position.

Respondent points to the overall purpose of the 1974 Amendments, namely to extend FLSA coverage, see, e. g., H. R. Rep. No. 93-232, pp. 2, 8 (1973);,she notes that prior to the amendments the FLSA already covered companionship workers employed by certain third parties (e. g., private agencies that were large enough, in terms of annual sales, to qualify for the FLSA’s “enterprise coverage” provisions, 29 U. S. C. §§206(a), 207(a)(1) (1970 ed.), see §§203(r), (s)(l) (defining “enterprise” and “enterprise engaged in commerce or the production of goods for commerce”)); and she concludes that Congress must therefore have meant its “domestic service employment” language in the exemption to apply only to persons not employed by third parties such as Long Island Care. Respondent tries to bolster this argument by point[*167] ing to statements made by some Members of Congress during floor debates over the 1974 Amendments. See, e. g., 119 Cong. Rec. 24801 (1973) (statement of Sen. Burdick) (“I am not concerned about the professional domestic who does this as a daily living,” but rather about “people who might have an aged father, an aged mother, an infirm father, an infirm mother, and a neighbor comes in and sits with them”). And she also points to a different statute, the Social Security statute, which defines “domestic service employment” as domestic work performed in “a private home of the employer ” 26 U. S. C. § 3510(c)(1) (2000 ed.) (emphasis added; internal quotation marks omitted).

We do not find these arguments convincing. The statutory language refers broadly to “domestic service employment” and to “companionship services.” It expressly instructs the agency to work out the details of those broad definitions. And whether to include workers paid by third parties within the scope of the definitions is one of those details.

Although the FLSA in 1974 already covered some of the third-party-paid workers, it did not at that point cover others. It did not cover, for example, companionship workers employed directly by the aged person’s family; nor did it cover workers employed by many smaller private agencies. The result is that whether, or how, the definition should apply to workers paid by third parties raises a set of complex questions. Should the FLSA cover all companionship workers paid by third parties? Or should the FLSA cover some such companionship workers, perhaps those working for some (say, large but not small) private agencies, or those hired by a son or daughter to help an aged or infirm mother living in a distant city? Should it cover none? How should one weigh the need for a simple, uniform application of the exemption against the fact that some (but not all) third-party employees were previously covered? Satisfactory answers to such questions may well turn upon the kind of thor[*168] ough knowledge of the, subject matter and ability to consult at length with affected parties that an agency, such as the DOL, possesses. And it is consequently reasonable to infer (and we do infer) that Congress intended its broad grant of definitional authority to the Department to include the authority to answer these kinds of questions.

Because respondent refers to the Social Security statute and the legislative history, we add that unlike the text of the Social Security statute, the text of the FLSA does not expressly answer the third-party-employment question. Compare 26 U. S. C. § 3510(c)(1) with 29 U. S. C. §213(a)(15). Nor can one find any clear answer in the statute's legislative history. Compare 119 Cong. Rec. 24801 (statement of Sen. Burdick, quoted above) with, e. g., id., at 24798 (statement of Sen. Johnston) (expressing concern that requiring payment of minimum wage to companionship workers might make such services so' expensive that some people would be forced to leave the work force in order to take care of aged or infirm parents).

B

Respondent says that the third-party regulation conflicts with the Department's “General Regulation” that defines the statutory term “domestic service employment.” Title 29 CFR § 552.3 says that the term covers services “of a household nature performed by . . . employee[s]” ranging from “maids” to “cooks” to “housekeepers” to “caretakers” and others, “in or about a private home ... of the person by whom he or she is employed.” (Emphasis added.) See also § 552.101(a). A companionship worker employed by a third party to work at the home of an aged or infirm man or woman is not working at the “home ... of the person by whom he or she is employed” (i. e., she is not working at the home of the third-party employer). Hence, the two regulations are inconsistent, for the one limits the definition of “domestic service employee” for purposes of the 29 U. S. C. §213(a)(15) exemption to workers employed by the house[*169] hold, but the other includes in the subclass of exempt companionship workers persons who are not employed by the household. Respondent adds that, given the conflict, the former “General Regulation” must govern (primarily because, in her view, only the former regulation is entitled to Chevron deference, an issue we address in Part II-C, infra).

Respondent is correct when she says that the literal language of the two regulations conflicts as to whether workers paid by third parties are included within the statutory exemption. The question remains, however, which regulation governs in light of this conflict. The Department, in its Advisory Memorandum, suggests that the third-party regulation governs, and we agree, for several reasons.

First, if we were to decide the contrary, i. e., that the text of the General Regulation, 29 CFR §552.3, controls on the issue of third-party employment, our interpretation would create serious problems. Although §552.3 states that it is supplying a definition of “domestic service employment” only “[a]s [that term is] used” in the statutory exemption, 29 U. S. C. §213(a)(15), the rule appears in other ways to have been meant to supply a definition of “domestic service employment” for the FLSA as a whole (a prospect the Department endorses in its Advisory Memorandum). Why else would the Department have included the extensive list of qualifying professions, virtually none of which have anything to do with the subjects of §213(a)(15), babysitting and companionship services? But if we were to apply § 552.3’s literal definition of “domestic service employment” (including the “home... of the [employer]” language) across the FLSA, that would place outside the scope of FLSA’s wage and hour rules any butlers, chauffeurs, and so forth who are employed by any third party. That result seems clearly contrary to Congress’ intent in enacting the 1974 Amendments, particularly if it would withdraw from FLSA coverage all domestic service employees previously covered by the “enterprise coverage” provisions of the Act.

[*170] If, on the other hand, § 552.3’s definition of “domestic service employment” were limited to the statute’s exemption provision, applying this definition literally (by removing all third-party employees from the exemption) would extend the Act’s coverage not simply to third-party-employed companionship workers paid by large institutions, but also to those paid directly by a family member of an elderly or infirm person receiving such services whenever the family member lived in a different household than the invalid. Nothing in the statute suggests that Congress intended to make the exemption contingent on whether a family member chose to reside in the same household as the invalid, and it is a result that respondent herself seems to wish to avoid. See Brief for Respondent 34, n. 31.

Second, normally the specific governs the general. E. g., Morales v. Trans World Airlines, Inc., 504 U. S. 374, 384-385 (1992); Simpson v. United States, 435 U. S. 6, 15 (1978). The sole purpose of the third-party regulation, § 552.109(a), is to explain how the companionship services exemption applies to persons employed by third-party entities, whereas the primary (if not sole) purpose of the conflicting general definitional regulation, § 552.3, is to describe the kind of work that must be performed by someone to qualify as a “domestic service” employee. Given that context, § 552.109(a) is the more specific regulation with respect to the third-party-employment question.

Third, we concede that the Department may have interpreted these regulations differently at different times in their history. See, e. g., 58 Fed. Reg. 69311 (employees of a third-party employer qualify for the exemption only if they are also jointly employed “by the family or household using their services”); D. Sweeney, DOL Opinion Letter, Home Health Aides/Companionship Exemption, 6A LRR, Wages and Hours Manual 99:8205 (Jan. 6, 1999) (similar). But as long as interpretive changes create no unfair surprise — and the Department’s recourse to notice-and-comment rule-[*171] making in an attempt to codify its new interpretation, see 58 Fed. Reg. 69311, makes any such surprise unlikely here — the change in interpretation alone presents no separate ground for disregarding the Department’s present interpretation. Cf. Bowen v. Georgetown Univ. Hospital, 488 U. S. 204, 212 (1988).

Fourth, we must also concede, as respondent points out, that the Department set forth its most recent interpretation of these regulations in an “Advisory Memorandum” issued only to internal Department personnel and which the Department appears to have written in response to this litigation. We have “no reason,” however, “to suspect that [this] interpretation” is merely a “‘post hoc rationalization]’” of past agency action, or that it “does not reflect the agency’s fair and considered judgment on the matter in question.” Auer v. Robbins, 519 U. S. 452, 462 (1997) (quoting Bowen, supra). Where, as here, an agency’s course of action indicates that the interpretation of its own regulation reflects its considered views — the Department has clearly struggled with the third-party-employment question since at least 1993 — we have accepted that interpretation as the agency’s own, even if the agency set those views forth in a legal brief. See 519 U. S., at 462.

For all these reasons, we conclude that the Department’s interpretation of the two regulations falls well within the principle that an agency’s interpretation of its own regulations is “controlling” unless “‘“plainly erroneous or inconsistent with”’” the regulations being interpreted. Id., at 461 (quoting Robertson v. Methow Valley Citizens Council, 490 U. S. 332, 359 (1989), in turn quoting Bowles v. Seminole Rock & Sand Co., 325 U. S. 410, 414 (1945)). See also Udall v. Tollman, 380 U. S. 1, 16-17 (1965).

C

Respondent also argues that, even if the third-party regulation is within the scope of the statute’s delegation, is[*172] perfectly reasonable, and otherwise complies with the law, courts still should not treat the regulation as legally binding. Her reason is a special one. She says that the regulation is an “interpretive” regulation, a kind of regulation that may be used, not to fill a statutory “gap,” but simply to describe an agency’s view of what a statute means. That kind of regulation may “persuade” a reviewing court, Skidmore v. Swift & Co., 323 U. S. 134, 140 (1944), but will not necessarily “bind” a reviewing court. Cf. Mead, 533 U. S., at 232 (“interpretive rules . . . enjoy no Chevron status as a class’’ (emphasis added)).

Like respondent, the Court of Appeals concluded that the third-party regulation did not fill a statutory gap and hence was not legally binding. 376 F. 3d, at 131-133; 462 F. 3d, at 50-51. It based its conclusion upon three considerations: First, when the Department promulgated a series of regulations to implement the § 213(a)(15) exemptions, 29 CFR pt. 552, it placed the third-party regulation in Subpart B, entitled “Interpretations,” not in Subpart A, entitled “General Regulations.” Second, the Department said that regulations 552.3, .4, .5, and .6, all in Subpart A, contained the “definitions” that the statute “require[s].” Third, the Department initially said in 1974 that Subpart A would “defin[e] and delimi[t] ... the ter[m] ‘domestic service employee,’” while Subpart B would'“se[t] forth... a statement of general policy and interpretation concerning the application of the [FLSA] to domestic service employees.” 376 F. 3d, at 131-132; 462 F. 3d, at 50-51 (quoting 39 Fed. Reg. 35382).

These reasons do not convince us that the Department intended its third-party regulation to carry no special legal weight. For one thing, other considerations strongly suggest the contrary, namely that the Department intended the third-party regulation as a binding application of its rule-making authority. The regulation directly governs the conduct of members of the public, “ ‘affecting individual rights and obligations.’” Chrysler Corp. v. Brown, 441 U. S. 281,[*173] 302 (1979) (quoting Morton, 415 U. S., at 232). When promulgating the rule, the agency used full public notice-and-comment procedures, which under the Administrative Procedure Act an agency need not use when producing an “interpretive” rule. 5 U. S. C. § 553(b)(A) (exempting “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice” from notice- and-comment procedures). Each time the Department has considered amending the rule, it has similarly used full notice-and-comment rulemaking procedures. 58 Fed. Reg. 69310 (1993); 60 Fed. Reg. 46797 (1995); 66 Fed. Reg. 5485 (2001). And for the past 30 years, according to the Department’s Advisory Memorandum (and not disputed by respondent), the Department has treated the third-party regulation like the others, i. e., as a legally binding exercise of its rule-making authority. App. E to Pet. for Cert. 63a-64a.

For another thing, the Subpart B heading “Interpretations” (and the other indicia upon which the Court of Appeals relied) could well refer to the fact that Subpart B contains matters of detail, interpreting and applying the more general definitions of Subpart A. Indeed, Subpart B’s other regulations — involving such matters as employer “credit[s]” against minimum wage payments for provision of “food,” “lodging,” and “drycleaning,” 29 CFR § 552.100(b), and so forth— strongly indicate that such details, not a direct interpretation of the statute’s language, are at issue.

Finally, the ultimate question is whether Congress would have intended, and expected, courts to treat an agency’s rule, regulation, application of a statute, or other agency action as within, or outside, its delegation to the agency of “gap-filling” authority. Where an agency rule sets forth important individual rights and duties, where the agency focuses fully and directly upon the issue, where the agency uses full notice-and-comment procedures to promulgate a rule, where the resulting rule falls within the statutory grant of authority, and where the rule itself is reasonable, then a court ordi[*174] narily assumes that Congress intended it to defer to the agency’s determination. See Mead, supra, at 229-233.

The three contrary considerations to which the Court of Appeals points are insufficient, in our view, to overcome the other factors we have mentioned, all of which suggest that courts should defer to the Department’s rule. And that, in our view, is what the law requires.

D

Respondent’s final claim is that the 1974 agency notice- and-comment procedure, leading to the promulgation of the third-party regulation, was legally “defective” because notice was inadequate and the Department’s explanation also inadequate. Brief for Respondent 45-47. We do not agree.

The Administrative Procedure Act requires an agency conducting notice-and-comment rulemaking to publish in its notice of proposed rulemaking “either the terms or substance of the proposed rule or a description of the subjects and issues involved.” 5 U. S. C. § 553(b)(3). The Courts of Appeals have generally interpreted this to mean that the final rule the agency adopts must be “a logical outgrowth’ of the rule proposed.” National Black Media Coalition v. FCC, 791F. 2d 1016, 1022 (CA2 1986). See also, e. g., United Steelworkers of America, AFL-CIO-CLC v. Marshall, 647 F. 2d 1189, 1221 (CADC 1980), cert. denied sub nom. Lead Industries Assn., Inc. v. Donovan, 453 U. S. 913 (1981); South Terminal Corp. v. EPA, 504 F. 2d 646, 659 (CA1 1974). The object, in short, is one of fair notice.

Initially the Department proposed a rule of the kind that respondent seeks, namely a rule that would have placed outside the exemption (and hence left subject to FLSA wage and hour rules) individuals employed by third-party employers whom the Act had covered prior to 1974. 39 Fed. Reg. 35385 (companionship workers “not exempt” if employed by a third party that already was a “covered enterprise” under the FLSA). The clear implication of the proposed rule was[*175] that companionship workers employed by third-party enterprises that were not covered by the FLSA prior to the 1974 Amendments ie. g., most smaller private agencies) would be included within the §213(a)(15) exemption.

Since the proposed rule was simply a proposal, its presence meant that the Department was considering the matter; after that consideration the Department might choose to adopt the proposal or to withdraw it. As it turned out, the Department did withdraw the proposal for special treatment of employees of “covered enterprises.” The result was a determination that exempted all third-party-employed companionship workers from the Act. We do not understand why such a possibility was not reasonably foreseeable. See, e. g., Arizona Public Serv. Co. v. EPA, 211 F. 3d 1280, 1299-1300 (CADC 2000) (notice sufficient where agency first proposed that Indian tribes be required to meet the “‘same requirements’” as States with respect to judicial review of Clean Air Act permitting actions, but then adopted a final rule that exempted tribes from certain, though not all, requirements), cert. denied sub nom. Michigan v. EPA, 532 U. S. 970 (2001).

Neither can we find any significant legal problem with the Department’s explanation for the change. The agency said that it had “concluded that these exemptions can be available to such third party employers” because that interpretation is “more consistent” with statutory language that refers to “‘any employee’ engaged ‘in’ the enumerated services” and with “prior practices concerning other similarly worded exemptions.” 40 Fed. Reg. 7405. There is no indication that anyone objected to this explanation at the time. And more than 30 years later it remains a reasonable, albeit brief, explanation. See Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U. S. 45, 63-64 (2007).

Respondent’s only contrary argument apparently consists of her claim that the explanation does not take proper ac[*176] count of the statute’s reference to “domestic service employees,” which term (given the Social Security statute and legislative history) must refer only to those who are paid by the household for whom they provide services. If so, she simply repeats in different form arguments that we have already considered and rejected. See Part II-A, supra.

Ill

For these reasons the Court of Appeals’ judgment is reversed, and we remand the case for further proceedings consistent with this opinion.

It is so ordered.