|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-660||9th Cir.||N/A||N/A||N/A||N/A||OT 2020|
Issues: (1) Whether the Supreme Court’s willfulness standard, which requires a showing that “the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute,” may be satisfied merely by a showing that a non-compliant employer was on notice of its general requirements under the Fair Labor Standards Act but had no actual knowledge of or reason to believe that it was not complying with any requirement of the FLSA; (2) whether the Employer Solutions Staffing Group was liable for overtime wages when there was no evidence that they knew or should have known that overtime wages were not properly being paid by a low-level employee; and (3) whether the Employer Solutions Staffing Group may seek contribution under the FLSA from other joint-employers for joint and several liability for an overtime wage award.
|Date||Proceedings and Orders |
|Sep 09 2020||Petition for a writ of certiorari filed. (Response due December 14, 2020)|
|Dec 09 2020||Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.|
|Dec 11 2020||Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2021.|
|Jan 13 2021||Brief of respondent Eugene Scalia, Secretary of Labor in opposition filed.|
|Jan 25 2021||Reply of petitioners Employer Solutions Staffing Group, LLC, et al. filed. (Distributed)|
|Jan 27 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Feb 22 2021||Petition DENIED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
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