|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-683||D.C. Cir.||N/A||N/A||N/A||N/A||OT 2015|
Issue: (1) Whether this Court intended in Long Island Care at Home, Ltd. v. Coke to allow the Department to deprive all third-party home care employers (who employ more than 90% of all home care employees) of their statutory right to avail themselves of exemptions to overtime under the Fair Labor Standards Act; (2) whether the D.C. Circuit erred in finding that Congress intended to exclude employees of third party employers from the home care exemptions, thereby conflicting with Coke’s contrary reading of Congressional intent and creating a conflict in the circuits; and (3) whether the Department’s new rule should be found to be unreasonable due to the agency’s failure to meaningfully address the relevant factors of unaffordability and lack of adequate state funding of the increased costs of home health care under the new rule.
|Date||Proceedings and Orders |
|Sep 24 2015||Application (15A326) for a stay of mandate pending the timely disposition of a petition for a writ of certiorari, submitted to The Chief Justice.|
|Oct 6 2015||Application (15A326) denied by The Chief Justice.|
|Nov 18 2015||Petition for a writ of certiorari filed. (Response due December 24, 2015)|
|Dec 16 2015||Order extending time to file response to petition to and including January 25, 2016.|
|Dec 23 2015||Brief amici curiae of Kansas, et al. filed.|
|Dec 24 2015||Brief amici curiae of ADAPT and The National Council on Independent Living filed.|
|Jan 22 2016||Order further extending time to file response to petition to and including February 24, 2016.|
|Feb 24 2016||Brief of respondents David Weil, in his Official Capacity as Administrator, Wage and Hour Division, et al. in opposition filed.|
|Mar 7 2016||Reply of petitioners Home Care Association of America, et al. filed.|
|Mar 9 2016||DISTRIBUTED for Conference of March 25, 2016.|
|Mar 24 2016||Rescheduled.|
|Mar 28 2016||DISTRIBUTED for Conference of April 1, 2016.|
|Jun 20 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||Petition DENIED.|
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