Skip to main content

Integrity Staffing Solutions, Inc. v. Busk

Docket No.13-433
Op. Below9th Cir.
ArgumentOct 8, 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 Clarence Thomas on Dec 8, 2014. Justice Sotomayor filed a concurring opinion, in which Justice Kagan joined.

Proceedings & orders timeline

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.

Welcome

Tell us a bit about yourself and choose what you’d like to hear from us. You can change any of it any time in your account.