Issue: (1) What is the proper test for determining when
an intern or extern is a “trainee” not entitled to the minimum wage protections of an
“employee” under Sections 203(e)(1) and (g) of the
Fair Labor Standards Act (FLSA); and (2) whether the Department of Labor's s six-factor test for excluding
“interns” from FLSA protections is entitled to
deference, when the factors are inconsistent
with this Court’s precedents in Walling v. Portland Terminal Co. and Tony & Susan Alamo Foundation v. Secretary of Labor .
Proceedings and Orders
Jun 26 2013
Application (12A1251) to extend the time to file a petition for a writ of certiorari from July 9, 2013 to August 8, 2013, submitted to Justice Thomas.
Jul 1 2013
Application (12A1251) granted by Justice Thomas extending the time to file until August 8, 2013.
On Monday the Court issued orders from the April 24 Conference, which Lyle reported on. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.