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Editor's Note :

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Kaplan v. Code Blue Billing & Coding, Inc.

Petition for certiorari denied on November 12, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-179 11th Cir N/A N/A N/A N/A OT 2013

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 .

DateProceedings and Orders
Jun 26 2013Application (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 2013Application (12A1251) granted by Justice Thomas extending the time to file until August 8, 2013.
Aug 7 2013Petition for a writ of certiorari filed. (Response due September 6, 2013)
Aug 27 2013Order extending time to file response to petition to and including October 7, 2013.
Oct 7 2013Brief of respondents Code Blue Billing & Coding, Inc., et al. in opposition filed.
Oct 21 2013Reply of petitioners Risa Kaplan, and Linda O'Neill filed.
Oct 23 2013DISTRIBUTED for Conference of November 8, 2013.
Nov 12 2013Petition DENIED.
 
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