No. 21-296

AMN Services, LLC v. Verna Clarke, et al.

Lower Court: Ninth Circuit
Docketed: 2021-08-30
Status: Denied
Type: Paid
Amici (6)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: employee-reimbursement fair-labor-standards-act overtime overtime-compensation per-diem-allowance per-diem-allowances regular-rate statutory-interpretation traveling-expenses
Latest Conference: 2021-12-10 (distributed 3 times)
Question Presented (from Petition)

Whether, under the FLSA, per-diem allowances for traveling expenses, which are reduced when the employee fails to work a contractually required shift, are excluded from the employee's "regular rate" as "reasonable payments for traveling expenses … incurred by an employee in the furtherance of his employer's interests."

Question Presented (AI Summary)

Whether per-diem allowances for traveling expenses, which are reduced when the employee fails to work a contractually required shift, are excluded from the employee's 'regular rate' as 'reasonable payments for traveling expenses...incurred by an employee in the furtherance of his employer's interests

Docket Entries

2021-12-13
Petition DENIED.
2021-12-06
DISTRIBUTED for Conference of 12/10/2021.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Reply of petitioner AMN Services, LLC filed. (Distributed)
2021-11-02
Brief of respondents Verna Clarke, et al. in opposition filed.
2021-10-18
Brief amicus curiae of American Staffing Association filed.
2021-10-18
Brief amici curiae of TravelTax LLC and Joseph C. Smith filed.
2021-10-18
Brief amicus curiae of HR Policy Association filed.
2021-10-18
Brief amicus curiae of Chamber of Commerce for the United States of America filed.
2021-09-28
Brief amicus curiae of National Association of Travel Healthcare Organizations filed.
2021-09-24
Motion to extend the time to file a response is granted and the time is extended to and including November 17, 2021.
2021-09-23
Motion to extend the time to file a response from October 18, 2021 to November 17, 2021, submitted to The Clerk.
2021-09-16
Response Requested. (Due October 18, 2021)
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Letter from petitioner AMN Services, LLC received.
2021-09-13
Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
2021-09-13
Waiver of right of respondent Verna Clarke, et al. to respond filed.
2021-09-02
Blanket Consent filed by Petitioner, AMN Services, LLC
2021-08-26
Petition for a writ of certiorari filed. (Response due September 29, 2021)

Attorneys

American Staffing Association
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Amicus
AMN Services, LLC
Paul D. ClementKirkland & Ellis LLP, Petitioner
Atlantic Legal Foundation
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Chamber of Commerce for the United States of America
Michael Edward KenneallyMorgan, Lewis & Bockius, LLP, Amicus
HR Policy Association
Gretchen Harris SperryHinshaw & Culbertson LLP, Amicus
National Association of Travel Healthcare Organizations
Christopher F. DroneyDay Pitney LLP, Amicus
TravelTax LLC and Joseph C. Smith
Treven Isaac TilburyReynolds Tilbury Woodward LLP, Amicus
Verna Clarke, et al.
Allison M. ZievePublic Citizen Litigation Group, Respondent
Kye D. PawlenkoHayes Pawlenko LLP, Respondent