Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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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