Kaplan v. Code Blue Billing & Coding, Inc.
Petition for certiorari denied on November 12, 2013
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 .
| Date | Proceedings and Orders (key to color coding) |
|---|
| 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. |
