Editor's Note :

Editor's Note :

Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.

City of San Gabriel, California v. Flores

Petition for certiorari denied on May 15, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-911 9th Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether the Fair Labor Standards Act, 29 U.S.C. § 207(e)(2), allows employers, when calculating the overtime rate, to exclude payments to an employee that are entirely unrelated to “his hours of employment,” as other courts of appeals have held in conflict with the U.S. Court of Appeals for the 9th Circuit; and (2) whether the 9th Circuit's outlier “willfulness” standard, triggered whenever a non-compliant employer “was on notice of its FLSA requirements” but failed to investigate further, contravenes this court's decision in McLaughlin v. Richland Shoe Company.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 4 2016Application (16A459) to extend the time to file a petition for a writ of certiorari from November 21, 2016 to December 21, 2016, submitted to Justice Kennedy.
Nov 7 2016Application (16A459) granted by Justice Kennedy extending the time to file until December 21, 2016.
Dec 1 2016Application (16A459) to extend further the time from December 21, 2016 to January 20, 2017, submitted to Justice Kennedy.
Dec 5 2016Application (16A459) granted by Justice Kennedy extending the time to file until January 20, 2017.
Jan 19 2017Petition for a writ of certiorari filed. (Response due February 21, 2017)
Feb 8 2017Order extending time to file response to petition to and including March 23, 2017.
Feb 21 2017Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Feb 21 2017Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Feb 28 2017Waiver of right of respondents Danny Flores, et al. to respond filed.
Mar 8 2017DISTRIBUTED for Conference of March 24, 2017.
Mar 9 2017Response Requested . (Due April 10, 2017)
Apr 10 2017Brief of respondents Danny Flores, et al. in opposition filed.
Apr 25 2017DISTRIBUTED for Conference of May 11, 2017.
Apr 25 2017Reply of petitioner City of San Gabriel, California Applicant filed. (Distributed)
May 15 2017Petition DENIED.
 
Share:
Term Snapshot
Awards