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KeHE Distributors, LLC v. Killion

Petition for certiorari denied on April 6, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-959 6th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether an employee's right to join a collective action under the Fair Labor Standards Act (FLSA) is waivable (as the Second, Third, Fourth, Fifth, Eighth, Ninth, and Eleventh Circuits have held) or non-waivable (as the Sixth Circuit held here); and (2) whether employees make “sales” within the meaning of the FLSA when they work entirely on commission based on orders that they “write and transmit” to replenish a customer's inventory, but do not singlehandedly cause sales volume to increase.

DateProceedings and Orders (key to color coding)
Nov 21 2014Application (14A545) to extend the time to file a petition for a writ of certiorari from December 10, 2014 to February 6, 2015, submitted to Justice Kagan.
Nov 21 2014Application (14A545) granted by Justice Kagan extending the time to file until February 6, 2015.
Feb 6 2015Petition for a writ of certiorari filed. (Response due March 11, 2015)
Feb 27 2015Brief of respondents Thomas E. Killion, et al. in opposition filed.
Mar 17 2015Reply of petitioner KeHE Distributors, LLC filed.
Mar 18 2015DISTRIBUTED for Conference of April 3, 2015.
Apr 6 2015Petition DENIED.