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Kaplan v. Code Blue Billing & Coding, Inc.

Certiorari Denied

Petition for certiorari denied on November 12, 2013.

Docket No.13-179
Op. Below11th Cir

Issue

(1) What is the proper test for determining when an intern or extern is a "trainee" not entitled to the minimum wage protections of an "employee" under Sections 203(e)(1) and (g) of the Fair Labor Standards Act (FLSA); and (2) whether the Department of Labor's s six-factor test for excluding "interns" from FLSA protections is entitled to deference, when the factors are inconsistent with this Court"s precedents in Walling v. Portland Terminal Co. and Tony & Susan Alamo Foundation v. Secretary of Labor .

Proceedings & orders timeline

Jun 26, 2013
Application (12A1251) to extend the time to file a petition for a writ of certiorari from July 9, 2013 to August 8, 2013, submitted to Justice Thomas.
Jul 1, 2013
Application (12A1251) granted by Justice Thomas extending the time to file until August 8, 2013.
Aug 7, 2013
Petition for a writ of certiorari filed. (Response due September 6, 2013)
Aug 27, 2013
Order extending time to file response to petition to and including October 7, 2013.
Oct 7, 2013
Brief of respondents Code Blue Billing & Coding, Inc., et al. in opposition filed.
Oct 21, 2013
Reply of petitioners Risa Kaplan, and Linda O'Neill filed.
Oct 23, 2013
DISTRIBUTED for Conference of November 8, 2013.
Nov 12, 2013
Petition DENIED.

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