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Sandifer v. United States Steel Corporation

Docket No.12-417
Op. Below7th Cir.
ArgumentNov 4, 2013

Holding

The time petitioners spend donning and doffing their protective gear is not compensable by operation of the Fair Labor Standards Act, 29 U. S. C. " 203(o).

Judgment

Affirmed, 9-0, in an opinion by Antonin Scalia on Jan 27, 2014. Justice Sotomayor joins the opinion except as to footnote 7.

Issue: What constitutes “changing clothes” within the meaning of Section 203(o) of the Fair Labor Standards Act.

Proceedings & orders timeline

Sep 10, 2012
Petition for a writ of certiorari filed. (Response due November 5, 2012)
Oct 23, 2012
Waiver of right of respondent United States Steel Corporation to respond filed.
Oct 29, 2012
DISTRIBUTED for Conference of November 20, 2012.
Nov 13, 2012
Response Requested . (Due December 13, 2012)
Nov 19, 2012
Order extending time to file response to petition to and including January 14, 2013.
Jan 14, 2013
Brief of respondent United States Steel Corporation in opposition filed.
Jan 30, 2013
DISTRIBUTED for Conference of February 15, 2013.
Jan 30, 2013
Reply of petitioners Clifton Sandifer, et al. filed. (Distributed)
Feb 19, 2013
Petition GRANTED limited to Question 1 presented by the petition.
Mar 5, 2013
Record from U.S.C.A. for 7th Circuit is electronic and located on PACER.
Mar 5, 2013
Record from U.S. District Court for the Northern District of Nevada is electronic and located on PACER, with the exception of 1 box of exhibits.
Mar 11, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Mar 25, 2013
The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 13, 2013.
Mar 25, 2013
The time to file respondent's brief on the merits is extended to and including July 12, 2013.
May 13, 2013
Joint appendix filed. (Statement of costs filed.)
May 13, 2013
Brief of petitioner Clifton Sandifer, et al. filed.
May 20, 2013
Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed.
Jul 10, 2013
The time to file respondent's brief on the merits is further extended to and including July 19, 2013.
Jul 19, 2013
Brief of respondent United States Steel Corporation filed.
Jul 26, 2013
Brief amicus curiae of the United States filed.
Jul 26, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 26, 2013
Brief of amicus curiae Grocery Manufacturers Association filed.
Jul 26, 2013
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 26, 2013
Brief amici curiae of American Meat Institute, et al. filed.
Aug 19, 2013
CIRCULATED.
Aug 19, 2013
Reply of petitioners Clifton Sandifer, et al. filed. (Distributed)
Aug 20, 2013
SET FOR ARGUMENT on Monday, November 4, 2013.
Oct 7, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 4, 2013
Argued. For petitioners: Eric Schnapper, Seattle, Wash. For respondent: Lawrence C. DiNardo, Chicago, Ill.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jan 27, 2014
Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Sotomayor, J., joined except as to footnote 7.
Feb 28, 2014
JUDGMENT ISSUED.
Aug 5, 2014
Record returned for U.S.D.C. Northern District of Indiana (Hammond Division of Lafayette) has been returned.

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