Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
I. Whether insurance fraud investigators are covered by the administrative exemption from the Fair Labor Standards Act’s overtime-pay requirement, 29 U.S.C. § 213(a), as the Sixth Circuit has held in conflict with the Fourth Circuit’s judgment below.
II. Whether an exemption to the Fair Labor Standard Act’s overtime-pay requirement must be narrowly construed and established by clear-and-convincing evidence, as the Fourth Circuit held, in conflict with fundamental principles of statutory construction and the decisions of every other court of appeals.
Case Updates
Cert. petition denied
October 03, 2016
U.S. Chamber files amicus brief supporting certiorari
June 03, 2016
The U.S. Chamber and NFIB Small Business Legal Center filed an amicus brief urging the Supreme Court to grant certiorari in a case addressing the Fair Labor Standard Act’s (“FLSA”) overtime pay exemption for administrative employees. The brief argues that the case warrants review because the Fourth Circuit’s decision on the issue conflicts with settled law as recognized by other circuits and will impose significant costs on employers and employees alike. Also, this case is an opportunity for the Supreme Court to reject the unjustifiable canon that exemptions to the FLSA must be narrowly construed, the brief explains.
Collin O'Connor Udell of Jackson Lewis P.C. served as co-counsel for the amici.
Case Documents
- Cert. Petition and Appendix - GEICO v. Calderon (SCOTUS).pdf
- U.S. Chamber Amicus Brief -- GEICO v. Calderon (SCOTUS).pdf
- Brief in Opposition -- GEICO v. Calderon (SCOTUS).pdf