|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-911||9th Cir.||N/A||N/A||N/A||N/A||OT 2016|
Issues: (1) Whether the Fair Labor Standards Act, 29 U.S.C. § 207(e)(2), allows employers, when calculating the overtime rate, to exclude payments to an employee that are entirely unrelated to “his hours of employment,” as other courts of appeals have held in conflict with the U.S. Court of Appeals for the 9th Circuit; and (2) whether the 9th Circuit's outlier “willfulness” standard, triggered whenever a non-compliant employer “was on notice of its FLSA requirements” but failed to investigate further, contravenes this court's decision in McLaughlin v. Richland Shoe Company.
|Date||Proceedings and Orders |
|Nov 4 2016||Application (16A459) to extend the time to file a petition for a writ of certiorari from November 21, 2016 to December 21, 2016, submitted to Justice Kennedy.|
|Nov 7 2016||Application (16A459) granted by Justice Kennedy extending the time to file until December 21, 2016.|
|Dec 1 2016||Application (16A459) to extend further the time from December 21, 2016 to January 20, 2017, submitted to Justice Kennedy.|
|Dec 5 2016||Application (16A459) granted by Justice Kennedy extending the time to file until January 20, 2017.|
|Jan 19 2017||Petition for a writ of certiorari filed. (Response due February 21, 2017)|
|Feb 8 2017||Order extending time to file response to petition to and including March 23, 2017.|
|Feb 21 2017||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.|
|Feb 21 2017||Brief amici curiae of International Municipal Lawyers Association, et al. filed.|
|Feb 28 2017||Waiver of right of respondents Danny Flores, et al. to respond filed.|
|Mar 8 2017||DISTRIBUTED for Conference of March 24, 2017.|
|Mar 9 2017||Response Requested . (Due April 10, 2017)|
|Apr 10 2017||Brief of respondents Danny Flores, et al. in opposition filed.|
|Apr 25 2017||DISTRIBUTED for Conference of May 11, 2017.|
|Apr 25 2017||Reply of petitioner City of San Gabriel, California Applicant filed. (Distributed)|
|May 15 2017||Petition DENIED.|
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
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