Skidmore v. Swift & Co., 323 U.S. 134 (1944), is a United States Supreme Court decision holding that an administrative agency's interpretative rules deserve deference according to their persuasiveness.

The court adopted a case-by-case test, the Skidmore deference, which considers the rulings, interpretations, and opinions of the administrator.

Seven employees of the Swift & Company packing plant in Fort Worth, Texas, brought an action under the Fair Labor Standards Act of 1938 to recover overtime, liquidated damages, and attorneys' fees, totaling approximately $77,000 (equivalent to $1.38 million in 2024).

Congress created the office of the administrator, providing him with responsibilities and empowering him to implement them subject to the act.

As the Court stated in resolving the dispute:The Administrator thinks the problems presented by inactive duty require a flexible solution... and his Bulletin endeavors to suggest standards and examples to guide in particular situations….

[In general, the calculation of working time] depends 'upon the degree to which the employee is free to engage in personal activities during periods of idleness when he is subject to call and the number of consecutive hours that the employee is subject to call without being required to perform active work.'

The continuing vitality of Skidmore deference was questioned by Justice Scalia but is still used when agency actions do not carry the force of law.