Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
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.”
Case Updates
Cert. petition denied
December 13, 2021
U.S. Chamber urges Supreme Court to review and reverse Ninth Circuit’s interpretation of traveling-expense exclusions under the FLSA, which, as it rewrites the statutory test and exposes employers to potential deluge of per diem litigation
October 18, 2021
Click here to view the Chamber’s amicus brief. Michael E. Kenneally and James D. Nelson of Morgan, Lewis & Bockius LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.