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Home Care Ass’n of America v. Weil

Petition for certiorari denied on June 27, 2016
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.

DateProceedings and Orders (key to color coding)
Sep 24 2015Application (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 2015Application (15A326) denied by The Chief Justice.
Nov 18 2015Petition for a writ of certiorari filed. (Response due December 24, 2015)
Dec 16 2015Order extending time to file response to petition to and including January 25, 2016.
Dec 23 2015Brief amici curiae of Kansas, et al. filed.
Dec 24 2015Brief amici curiae of ADAPT and The National Council on Independent Living filed.
Jan 22 2016Order further extending time to file response to petition to and including February 24, 2016.
Feb 24 2016Brief of respondents David Weil, in his Official Capacity as Administrator, Wage and Hour Division, et al. in opposition filed.
Mar 7 2016Reply of petitioners Home Care Association of America, et al. filed.
Mar 9 2016DISTRIBUTED for Conference of March 25, 2016.
Mar 24 2016Rescheduled.
Mar 28 2016DISTRIBUTED for Conference of April 1, 2016.
Jun 20 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016Petition DENIED.