E.I. DuPont de Nemours and Co. v. Smiley

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-1189 3d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Fair Labor Standards Act prohibits an employer from using compensation paid to employees for non-compensable, bona fide meal breaks that it included in their regular rate of pay as a credit against compensation owed for work time; and (2) whether an agency's interpretation of a statute advanced for the first time in litigation is entitled to Skidmore v. Swift & Co. deference.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 24 2017Application (16A755) to extend the time to file a petition for a writ of certiorari from February 28, 2017 to March 30, 2017, submitted to Justice Sotomayor (Justice Alito is recused).
Feb 7 2017Application (16A755) granted by Justice Sotomayor extending the time to file until March 30, 2017.
Mar 30 2017Petition for a writ of certiorari filed. (Response due May 3, 2017)
Apr 28 2017Brief of respondents Bobbi-Jo Smiley, et al. in opposition filed.
May 1 2017Motion for leave to file amicus brief filed by The Cato Institute.
May 3 2017Motion for leave to file amici brief filed by Pacific Legal Foundation, et al .
May 12 2017Reply of petitioners E.I. DuPont de Nemours and Company, et al. filed.
May 16 2017DISTRIBUTED for Conference of June 1, 2017.
May 24 2017Rescheduled.
Term Snapshot