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KeHE Distributors, LLC v. Killion

Petition for certiorari denied on April 6, 2015

Docket No. Op. Below Argument Opinion Vote Author Term
14-959 6th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether an employee's right to join a collective action under the Fair Labor Standards Act (FLSA) is waivable (as the Second, Third, Fourth, Fifth, Eighth, Ninth, and Eleventh Circuits have held) or non-waivable (as the Sixth Circuit held here); and (2) whether employees make "sales" within the meaning of the FLSA when they work entirely on commission based on orders that they "write and transmit" to replenish a customer's inventory, but do not singlehandedly cause sales volume to increase.

DateProceedings and Orders (key to color coding)
11/21/2014Application (14A545) to extend the time to file a petition for a writ of certiorari from December 10, 2014 to February 6, 2015, submitted to Justice Kagan.
11/21/2014Application (14A545) granted by Justice Kagan extending the time to file until February 6, 2015.
02/06/2015Petition for a writ of certiorari filed. (Response due March 11, 2015)
02/27/2015Brief of respondents Thomas E. Killion, et al. in opposition filed.
03/17/2015Reply of petitioner KeHE Distributors, LLC filed.
03/18/2015DISTRIBUTED for Conference of April 3, 2015.
04/06/2015Petition DENIED.