No. 23-343

Donald Martin, Jr., et al. v. United States

Lower Court: Federal Circuit
Docketed: 2023-10-02
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: anti-deficiency-act fair-labor-standards-act federal-employees government-employee-fair-treatment-act minimum-wage overtime overtime-compensation wage-obligations
Key Terms:
Arbitration ERISA WageAndHour JusticiabilityDoctri
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Do the Anti-Deficiency Act or the Government Employee Fair Treatment Act displace, modify or require a special narrower interpretation of the FLSA obligations for federal employees?

Question Presented (OCR Extract)

QUESTION PRESENTED The Fair Labor Standards Act (FLSA) establishes a required minimum wage and a mandatory overtime rate for covered employees. In 1974 Congress extended the FLSA to apply to most federal agencies. The question presented is: Do either the Anti-Deficiency Act or the Government Employee Fair Treatment Act displace, modify or require a special narrower interpretation of the obligations created by the FLSA insofar as those obligations apply to federal employees? ii PARTIES This petition seeks review of two related Federal Circuit decisions. Those appellate opinions each resolved multiple appeals from distinct cases decided by the Court of Federal Claims. Cases Related to the 2013 Appropriations Lapse The named in Martin v. United States are Donald Martin, Jr, Patricia A. Manbeck, Jeff Roberts, Jose Rojas, and Randall L. Sumner. A list of the current and former federal employees who opted into this action is set out in ECF No. 144-1, 145-1 in this case in the Court of Federal Claims. A complete list of the current and former federal employees who opted into this action is also being filed with the clerk under seal. The named in the court of appeals caption in Marrs v. United States are Frank : Marrs, Nicole Adamson, Bethany Afraid, Joel Albrecht, Jesus Arevalo, Nathan Arnold, Shawn Ashworth, Jeremiah Austin, Michael Avenali, Jose Balarezo, Ebony Baldwin, Charles Bambery, David Barraza, Gregory Barrett, Donna Barringer, David Bautista, Gary Bayes, Darrell Becton, Fraun Bellamy, Darnell Bembo, Jessica Bender, Michael Benjamin, Jr., Bryan Bentley, William Bertrand, and Christopher Bijou. A list of the current and former federal employees who opted into this action is set out in ECF No. 8-2 in this case in the Court of Appeals for the Federal Circuit. A iii PARTIES—Continued complete list of the current and former federal employees who opted into this action is also being filed with the clerk under seal. Cases Related to the 2018-19 Appropriations Lapse The named in Anello v. United States are Lori Anello, Karl Black, George Clary, William Denell, Justin Grossnickle, Eric Inkrote, Timothy McGrew, Mark Miller, David Nalborczyk, Martin Neal, Jr., Luke Palmer, Thomas Rhinehart, Jr., and Ivan Todd. The named in Arnold v. United States are L. Kevin Arnold, Martin Lee, Mark Munoz, Matthew Perry, Aaron Savage, Jennifer Taylor, Ralph Fulvio, David Kirsh, and Robert Riggs. A list of the current and former federal employees who opted into this action is set out in ECF No. 71 in Avalos v. United States in the Court of Appeals for the Federal Circuit. The named in Avalos v. United States are Eleazar Avalos and James Davis. A list of the current and former federal employees who opted into this action is set out in ECF No. 71 in Avalos v. United States in the Court of Appeals for the Federal Circuit. The named in the court of appeals caption in Baca v. United States are Quentin iv PARTIES—Continued Baca, Lephas Bailey, Christopher Ballester, Kevin Beine, David Bell, Richard Blam, Maximillian Crawford, Matthew Crumrine, John Dewey, and Jeffrey Diamond. A list of the current and former federal employees who opted into this action is set out in ECF No. 71 in Avalos v. United States in the Court of Appeals ; for the Federal Circuit. The named in the court of appeals caption in D.P. v. United States are D.P., T:S., and J.V. A list of the current and former federal employees who opted into this action is set out in ECF No. 71 in Avalos v. United States in the Court of Appeals for the Federal Circuit. A complete list of the current and former federal employees who opted into this action is also being filed with the clerk under seal. The named in Hernandez v. United States are Roberto Hernandez and Joseph Quintanar. A list of the current and former federal employees who opted into this action is set out in ECF No. 71 in Avalos v. United States in the Court of Appeals for the Federal Circuit. The named in Jones v. United . States

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-19
2023-12-01
Brief of respondent United States in opposition filed.
2023-11-03
Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2023.
2023-11-01
Motion to extend the time to file a response from November 1, 2023 to December 1, 2023, submitted to The Clerk.
2023-10-02
Motion (23M19) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2023-08-16
MOTION (23M19) DISTRIBUTED for Conference of 9/26/2023.
2023-08-07
Motion (23M19) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2023-08-07
Petition for a writ of certiorari filed. (Response due November 1, 2023)
2023-05-31
Application (22A1034) granted by The Chief Justice extending the time to file until August 7, 2023.
2023-05-31
Application (22A1035) granted by The Chief Justice extending the time to file until August 7, 2023.
2023-05-26
Application (22A1034) to extend the time to file a petition for a writ of certiorari from June 8, 2023 to August 7, 2023, submitted to The Chief Justice.
2023-05-26
Application (22A1035) to extend the time to file a petition for a writ of certiorari from June 8, 2023 to August 7, 2023, submitted to The Chief Justice.

Attorneys

Donald Martin, Jr., et al.
Eric SchnapperUniv. of Washington School of Law, Petitioner
Heidi Rhodes BurakiewiczBurakiewicz & DePriest, PLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent