No. 24-785

Kristen Silloway, et al. v. City and County of San Francisco, California

Lower Court: Ninth Circuit
Docketed: 2025-01-23
Status: Denied
Type: Paid
Response Waived
Tags: exemption-requirements fair-labor-standards-act helix-energy-solutions hourly-rate-employees overtime-pay salary-basis-test
Latest Conference: 2025-03-21
Question Presented (from Petition)

Whether employees paid an hourly rate applied to the number of hours worked each pay period can satisfy the salary-basis requirement in 29 C.F.R. 541.602(a), which requires payment of a predetermined amount each pay period without regard to the number of hours worked.

Whether employees whose earnings are computed on an hourly basis and who receive additional compensation for hours worked need to satisfy the salary basis requirements in both 29 C.F.R. 541.604(a) and (b) to be exempt from the FLSA's overtime pay requirements.

Question Presented (AI Summary)

Whether employees paid an hourly rate applied to the number of hours worked each pay period can satisfy the salary-basis requirement in 29 C.F.R. 541.602(a), and whether employees whose earnings are computed on an hourly basis and who receive additional compensation for hours worked need to satisfy the salary basis requirements in both 29 C.F.R. 541.604(a) and (b) to be exempt from the FLSA's overtime pay requirements

Docket Entries

2025-03-24
Petition DENIED.
2025-02-26
DISTRIBUTED for Conference of 3/21/2025.
2025-02-24
Waiver of City and County of San Francisco of right to respond submitted.
2025-02-24
Waiver of right of respondent City and County of San Francisco to respond filed.
2025-01-21
Petition for a writ of certiorari filed. (Response due February 24, 2025)

Attorneys

City and County of San Francisco
Ryan Paul McGinley-StempelRenne Public Law Group, Respondent
Kristen Silloway, et al.
David A. RosenfeldWeinberg, Roger & Rosenfeld, Petitioner