Integrity Staffing Solutions, Inc. v. Busk

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-433	9th Cir.	Oct 8, 2014 Tr.Aud.	Dec 8, 2014	9-0	Thomas	OT 2014

Holding: The time spent by warehouse workers waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act.

Judgment: Reversed, 9-0, in an opinion by Justice Thomas on December 8, 2014. Justice Sotomayor filed a concurring opinion, in which Justice Kagan joined.

SCOTUSblog Coverage

Opinion analysis: No overtime pay for after-work security check (Lyle Denniston)
Argument analysis: What is work, anyway? (Lyle Denniston)
Argument preview: Theft and workers' wage rights (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Aug 5 2013	Application (13A165) to extend the time to file a petition for a writ of certiorari from September 1, 2013 to October 3, 2013, submitted to Justice Kennedy.
Aug 12 2013	Application (13A165) granted by Justice Kennedy extending the time to file until October 3, 2013.
Oct 3 2013	Petition for a writ of certiorari filed. (Response due November 7, 2013)
Oct 15 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel or the petitioners.
Nov 4 2013	Waiver of right of respondents Jesse Busk, et al. to respond filed.
Nov 7 2013	Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Nov 7 2013	Brief amici curiae of Retail Litigation Center Inc., et al. filed.
Nov 12 2013	DISTRIBUTED for Conference of November 26, 2013.
Nov 13 2013	Response Requested . (Due December 13, 2013)
Dec 3 2013	Order extending time to file response to petition to and including January 13, 2014.
Jan 13 2014	Brief of respondents Jesse Busk, and Laurie Castro, et al. in opposition filed.
Jan 28 2014	Reply of petitioner Integrity Staffing Solutions, Inc. filed.
Jan 29 2014	DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014	DISTRIBUTED for Conference of February 28, 2014.
Feb 25 2014	Letter of February 25, 2014, from counsel for respondents received. (Distributed)
Mar 3 2014	Petition GRANTED.
Mar 26 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2014.
Apr 17 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Apr 25 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents
May 9 2014	The time to file respondents' brief on the merits is extended to and including August 4, 2014.
May 28 2014	Joint appendix filed. (Statement of costs filed)
May 28 2014	Brief of petitioner Integrity Staffing Solutions, Inc. filed.
Jun 4 2014	Brief amicus curiae of the United States filed.
Jun 4 2014	Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Jun 4 2014	Brief amici curiae of National League of Cities, et al. filed.
Jun 4 2014	Brief amicus curiae of National Retail Federation filed.
Jul 9 2014	Record requested from U.S.C.A. 9th Circuit.
Jul 16 2014	SET FOR ARGUMENT Wednesday, October 8, 2014
Jul 17 2014	Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Jul 17 2014	Record received from U.S.D.C. District of Nevada is electronic and located on PACER.
Aug 4 2014	Brief of respondents Jesse Busk and Laurie Castro, et al. filed.
Aug 7 2014	CIRCULATED.
Aug 8 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 8 2014	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Aug 11 2014	Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Sep 3 2014	Reply of petitioner Integrity Staffing Solutions, Inc. filed. (Distributed)
Oct 2 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 8 2014	Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark R. Thierman, Reno, Nev.
Dec 9 2014	Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Kagan, J., joined.
Jan 12 2015	JUDGMENT ISSUED.

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Editor's Note :

Integrity Staffing Solutions, Inc. v. Busk

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Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

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