E.I. DuPont de Nemours and Co. v. Smiley

Petition for certiorari denied on June 28, 2018

Docket No.	Argument	Opinion	Vote	Author	Term
16-1189	N/A	N/A	N/A	N/A	OT 2017

Issue: (1) Whether the Fair Labor Standards Act prohibits an employer from using compensation paid to employees for non-compensable, bona fide meal breaks that it included in their regular rate of pay as a credit against compensation owed for work time; and (2) whether an agency's interpretation of a statute advanced for the first time in litigation is entitled to Skidmore v. Swift & Co. deference.

SCOTUSblog Coverage

Justices clean up cert docket before summer recess (Amy Howe, June 28, 2018)
Petition of the day (Aurora Barnes, June 7, 2017)

Date	Proceedings and Orders (key to color coding)
01/24/2017	Application (16A755) to extend the time to file a petition for a writ of certiorari from February 28, 2017 to March 30, 2017, submitted to Justice Sotomayor (Justice Alito is recused).
02/07/2017	Application (16A755) granted by Justice Sotomayor extending the time to file until March 30, 2017.
03/30/2017	Petition for a writ of certiorari filed. (Response due May 3, 2017)
04/28/2017	Brief of respondents Bobbi-Jo Smiley, et al. in opposition filed.
05/01/2017	Motion for leave to file amicus brief filed by The Cato Institute.
05/03/2017	Motion for leave to file amici brief filed by Pacific Legal Foundation, et al .
05/12/2017	Reply of petitioners E.I. DuPont de Nemours and Company, et al. filed.
05/16/2017	DISTRIBUTED for Conference of June 1, 2017.
05/24/2017	Rescheduled.
06/05/2018	DISTRIBUTED for Conference of 6/21/2018.
06/27/2018	DISTRIBUTED for Conference of 6/27/2018.
06/28/2018	Motion for leave to file amicus brief filed by The Cato Institute GRANTED. Justice Alito took no part in the consideration or decision of this motion.
06/28/2018	Motion for leave to file amici brief filed by Pacific Legal Foundation, et al GRANTED. Justice Alito took no part in the consideration or decision of this motion.
06/28/2018	Petition DENIED. Statement of Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, respecting the denial of certiorari. Justice Alito took no part in the consideration or decision of this petition. (Detached Opinion)