Briefly Mentioned :

Briefly Noted :

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Employer Solutions Staffing Group, LLC v. Scalia

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-660 9th Cir. TBD TBD TBD TBD TBD

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.

DateProceedings and Orders (key to color coding)
Sep 09 2020Petition for a writ of certiorari filed. (Response due December 14, 2020)
 
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