City of San Gabriel, California v. Flores
Petition for certiorari denied on May 15, 2017
Issue: (1) Whether the Fair Labor Standards Act, 29 U.S.C. § 207(e)(2), allows employers, when calculating the overtime rate, to exclude payments to an employee that are entirely unrelated to "his hours of employment," as other courts of appeals have held in conflict with the U.S. Court of Appeals for the 9th Circuit; and (2) whether the 9th Circuit's outlier "willfulness" standard, triggered whenever a non-compliant employer "was on notice of its FLSA requirements" but failed to investigate further, contravenes this court's decision in McLaughlin v. Richland Shoe Company.
SCOTUSblog Coverage
- Petition of the day (Kate Howard, April 18, 2017)
| Date | Proceedings and Orders |
|---|---|
| 11/04/2016 | Application (16A459) to extend the time to file a petition for a writ of certiorari from November 21, 2016 to December 21, 2016, submitted to Justice Kennedy. |
| 11/07/2016 | Application (16A459) granted by Justice Kennedy extending the time to file until December 21, 2016. |
| 12/01/2016 | Application (16A459) to extend further the time from December 21, 2016 to January 20, 2017, submitted to Justice Kennedy. |
| 12/05/2016 | Application (16A459) granted by Justice Kennedy extending the time to file until January 20, 2017. |
| 01/19/2017 | Petition for a writ of certiorari filed. (Response due February 21, 2017) |
| 02/08/2017 | Order extending time to file response to petition to and including March 23, 2017. |
| 02/21/2017 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. |
| 02/21/2017 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| 02/28/2017 | Waiver of right of respondents Danny Flores, et al. to respond filed. |
| 03/08/2017 | DISTRIBUTED for Conference of March 24, 2017. |
| 03/09/2017 | Response Requested . (Due April 10, 2017) |
| 04/10/2017 | Brief of respondents Danny Flores, et al. in opposition filed. |
| 04/25/2017 | DISTRIBUTED for Conference of May 11, 2017. |
| 04/25/2017 | Reply of petitioner City of San Gabriel, California Applicant filed. (Distributed) |
| 05/15/2017 | Petition DENIED. |