Integrity Staffing Solutions, Inc. v. Busk

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Integrity Staffing Solutions, Inc. v. Busk

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Conference of June 13, 2019

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.

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.

Featured Posts

Opinion analysis: Court throws out legislators’ appeal in racial-gerrymandering case – Amy Howe

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
There is a possibility of opinions on Thursday. The justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Gamble v. United States Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
- Manhattan Community Access Corp. v. Halleck Petitioner, a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The Fourth Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the Commonwealth is affirmed.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
- Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent parts a single legal entity subject to joint and several liability.
More Petitions »
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Cases argued 69

Cases decided 49

Summary reversals 5

Merits cases granted to date 74

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	49
Summary reversals	5
Merits cases granted to date	74

3
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6
Conference

10
Orders
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13
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17
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20
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