| 25A741 |
Department of Labor, et al. v. Sun Valley Orchards, LLC |
Third Circuit |
2025-12-23 |
Application |
administrative-adjudication article-three h-2a-visa labor-dispute private-rights separation-of-powers |
Question not identified. |
| 25A682 |
Medical Staffing of America, LLC, dba Steadfast Medical Staffing, a Limited Liability Company, et al. v. Lori Chavez-Deremer, Secretary of Labor |
Fourth Circuit |
2025-12-10 |
Application |
economic-realities-test employee-classification fair-labor-standards-act independent-contractor statutory-interpretation worker-status |
Whether the Fair Labor Standards Act requires courts to apply a uniform, predictable test for distinguishing between employees and independent contrac… |
| 25-6282 |
Dawud C. S. Gabriel v. Department of Labor |
Second Circuit |
2025-12-04 |
Dismissed |
administrative-law due-process homeland-security labor-department osha-complaint whistleblower-protection |
1. Whether or Not the Second (2nd) Cir. C.O.A. Departed Far from the Accepted & Usual Course of Judicial Proceedings, As to Call for an Exercise of th… |
| 25A652 |
Zbigniew M. Laskowski v. Washington Department of Labor & Industries |
Washington |
2025-12-03 |
Application |
certiorari-petition disability-accommodation judicial-process legal-representation pro-se time-extension |
Whether a pro se litigant with a disability can obtain an extension of time to file a Supreme Court certiorari petition when facing challenges in secu… |
| 25A493 |
Dawud C. S. Gabriel v. Department of Labor |
Second Circuit |
2025-10-30 |
Application |
None |
Question not identified. |
| 25-5766 |
Jonathan Valentin v. Pennsylvania Department of Labor and Industries |
Third Circuit |
2025-09-30 |
Denied |
civil-rights due-process equal-protection first-amendment fourth-amendment pro-se-litigation |
Whether the First and Fourth Amendment constitutional protections of free speech, due process, and equal protection continue to be denied in a civil r… |
| 25A22 |
Dawud C. S. Gabriel v. Department of Labor |
Second Circuit |
2025-07-08 |
Presumed Complete |
certiorari circuit-court good-cause pro-se statutory-interpretation time-extension |
Whether a pro se litigant's multiple petitions for certiorari from different circuit court judgments should be considered timely under the 90-day stat… |
| 24-1309 |
East Penn Manufacturing Company, Inc. v. Lori Chavez-DeRemer, Secretary, Department of Labor |
Third Circuit |
2025-06-24 |
Denied |
circuit-split compensable-time fair-labor-standards-act preliminary-activities principal-activities statutory-interpretation |
Whether time spent on 'integral and indispensable' activities is measured based on reasonable duration or actual duration |
| 24-1186 |
Alvin Boone, et al. v. Illinois Department of Corrections, et al. |
Seventh Circuit |
2025-05-20 |
Denied |
covid-19 executive-orders mitigation-measures public-health religious-exemption workplace-safety |
Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent th… |
| 24-1171 |
Nursing Home Care Management, Inc., dba Prestige Home Care Agency, et al. v. Lori Chavez-DeRemer, Secretary of Labor |
Third Circuit |
2025-05-15 |
Denied |
department-of-labor employee-compensation fair-labor-standards-act notice-requirement portal-to-portal-act willful-violation |
Whether an employer's single prior interaction with the DOL is sufficient to establish notice of FLSA provisions for future alleged willful violations… |
| 24-1169 |
Amanda Jackson v. Methodist Health Service Corporation, dba UnityPoint Health - Central Illinois |
Seventh Circuit |
2025-05-14 |
Denied |
covid-19 executive-orders mitigation-measures public-health state-agencies workplace-safety |
Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent th… |
| 24-1150 |
Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al. |
Eighth Circuit |
2025-05-09 |
Denied |
administrative-law burden-of-proof employment-retaliation federal-railroad-safety-act judicial-review whistleblower-protection |
Whether the burden of proof in a Federal Railroad Safety Act whistleblower complaint is prima facie or preponderance of evidence |
| 24A1064 |
Robert Mayfield, et al. v. Department of Labor, et al. |
Fifth Circuit |
2025-05-02 |
Presumed Complete |
administrative-procedure-act exempt-status fair-labor-standards-act legislative-vesting-clause minimum-salary-requirements nondelegation-doctrine |
Whether the Department of Labor exceeded its statutory authority under the Fair Labor Standards Act by imposing minimum salary requirements as a condi… |
| 24A990 |
East Penn Manufacturing Company, Inc. v. Lori Chavez-DeRemer, Secretary, Department of Labor |
Third Circuit |
2025-04-16 |
Presumed Complete |
None |
|
| 24-784 |
Arch Resources, Inc., fka Arch Coal, et al. v. Douglas Pennington, Acting Director, Office of Workers' Compensation Programs, Department of Labor, et al. |
Sixth Circuit |
2025-01-23 |
Denied |
administrative-law agency-action black-lung-benefits chenery-doctrine circuit-split judicial-review |
Did the Sixth Circuit err in not applying the SEC v. Chenery Corp. rule to Black Lung Benefits Act cases, contrary to other circuit court interpretati… |
| 24-626 |
F.W. Webb Company v. Vincent N. Micone, III, Acting Secretary, Department of Labor |
First Circuit |
2024-12-06 |
Denied |
administrative-exemption employment-law fair-labor-standards-act judicial-interpretation labor-regulations regulatory-compliance |
Whether the First Circuit's 'relational analysis' improperly determines FLSA administrative exemption by focusing on employer's business instead of em… |
| 24-232 |
Duke Bradford, et al. v. Department of Labor, et al. |
Tenth Circuit |
2024-08-30 |
Denied |
administrative-law constitutional-delegation executive-power federal-contractors minimum-wage procurement-act |
Whether the Procurement Act authorizes the President to require federal permittees to pay their employees a minimum wage and whether such delegation v… |
| 24A7 |
Duke Bradford, et al. v. Department of Labor, et al. |
Tenth Circuit |
2024-07-08 |
Presumed Complete |
administrative-procedure-act agency-determination employment-status judicial-review tenth-circuit worker-classification |
Whether the Administrative Procedure Act permits judicial review of a Department of Labor determination regarding worker classification and employment… |
| 23-1286 |
Bowers + Kubota Consulting, Inc., et al. v. Julie A. Su, Acting Secretary of Labor |
Ninth Circuit |
2024-06-10 |
Denied |
attorneys-fees circuit-split equal-access-to-justice-act expert-evidence federal-agency judicial-review litigation-standards substantial-justification |
Whether the government's decision to take a case to trial is 'substantially justified' under the Equal-Access-to-Justice-Act when the government's cas… |
| 23-1283 |
Doris Lapham v. Walgreen Co. |
Eleventh Circuit |
2024-06-07 |
Denied |
adverse-employment-action causation causation-standard circuit-split department-of-labor department-of-labor-regulation employment-law employment-retaliation family-medical-leave-act fmla retaliation |
Whether 29 U.S.C. § 2615(a)(1) prohibits an employer from retaliating against an employee who has exercised her rights under the FMLA |
| 23-7576 |
Solomon A. Jones v. Georgia Department of Labor, et al. |
Georgia |
2024-05-28 |
Denied |
civil-rights due-process employment-law in-forma-pauperis minimum-wage pandemic service-of-process sovereign-immunity unemployment-benefits unemployment-insurance |
Can unemployment insurance benefits be denied to persons whose employment is terminated through no fault of their own? |
| 23-7336 |
Weili Cao-Bossa v. New York State Department of Labor |
Second Circuit |
2024-04-29 |
Denied |
civil-procedure due-process factual-errors genuine-issues judicial-discretion legal-errors legal-merits motion-to-dismiss procedural-technicality summary-judgment |
Can summary judgment be granted solely on failure to respond timely or not in detail? |
| 23-1077 |
Mark Wilson v. Schlumberger Technology Corporation |
Tenth Circuit |
2024-04-03 |
Denied |
administrative-exemption executive-exemption fair-labor-standards-act professional-exemption reasonable-relationship salary-basis |
Whether an employer who pays an employee a guaranteed weekly amount that exceeds the salary level test and who is also paid additional compensation on… |
| 23-6852 |
Elisha L. Gresham v. Martin J. O'Malley, Commissioner of Social Security |
Eleventh Circuit |
2024-02-28 |
Denied |
ada-compliance administrative-law appeals civil-procedure disability-law federal-courts jurisdiction social-security standing venue |
Did the Eleventh Circuit Court have legal jurisdiction to hear and rule on this case? |
| 23A678 |
Jerome Yelder v. Department of Labor, Administrative Review Board |
Sixth Circuit |
2024-01-23 |
Presumed Complete |
covid-19 decision-order extraordinary-relief judicial-proceedings pro-se supreme-court |
Whether a pro se litigant's lack of original decision order documentation due to COVID-19 circumstances constitutes grounds for extraordinary relief o… |
| 23A636 |
Weili Cao-Bossa v. Department of Labor |
Second Circuit |
2024-01-09 |
Presumed Complete |
civil-service-law employment-discrimination negligent-misrepresentation rule-of-three statute-of-limitations summary-judgment |
Whether a state agency's alleged discriminatory hiring practices and fabricated declination letter violate New York's Civil Service Law Section 61 and… |
| 23-706 |
Brent Hebert, et al. v. FMC Technologies, Incorporated |
Fifth Circuit |
2023-12-29 |
Denied |
29-usc-216b collective-action employment-law exemptions fair-labor-standards-act overtime-pay procedural-joinder salary-basis wage-exemption |
whether an employee is paid on a salary basis for purposes of the EAP exemptions to the FLSA and its implementing regulations, 29 CFR. § 541.604(b), i… |
| 23-586 |
United Behavioral Health, et al. v. D. K., et al. |
Tenth Circuit |
2023-12-01 |
Denied |
administrative-record benefits-denial erisa health-benefits judicial-review substantial-evidence treating-provider |
Is an ERISA-governed plan that denies health benefits required to discuss contrary opinions from the member's treating providers in the decision lette… |
| 23A497 |
KC Transport, Inc. v. Julie A. Su, Acting Secretary, Department of Labor, et al. |
District of Columbia |
2023-12-01 |
Presumed Complete |
administrative-law agency-interpretation chevron-deference mine-safety national-cement-doctrine statutory-ambiguity |
Whether the National Cement doctrine of judicial remand for agency reinterpretation is unconstitutional and whether Chevron deference should be overru… |
| 23-473 |
James E. Bachman, et al. v. John Q. Bachman, et al. |
Eighth Circuit |
2023-11-06 |
Denied |
civil-procedure civil-rights department-of-labor due-process employment employment-retaliation equitable-defenses fair-labor-standards-act labor-law retaliation standing wage-dispute |
Whether a case can be dismissed for plaintiffs' refusal to answer questions related to past and current employers in a deposition related to a wage an… |
| 23-182 |
James W. Tindall v. Department of Labor, Administrative Review Board |
Eleventh Circuit |
2023-08-25 |
Denied |
1st-amendment administrative-procedure article-iii constitutional-review federal-sovereign-immunity first-amendment judicial-power judicial-review sovereign-immunity standing strict-scrutiny us-constitution |
Whether the doctrine of federal sovereign immunity has any basis in the U.S. Constitution |
| 22-7657 |
Annecia M. Fort v. Department of Labor, et al. |
Eleventh Circuit |
2023-05-26 |
Denied |
49-usc-31105 coercion-prohibition drive-time-limits electronic-logging-devices internal-reporting motor-carrier motor-carrier-regulations public-safety public-safety-reporting staa whistleblower-protection |
Is disclosing public safety concerns to your management (internal reporting) a protected activity? |
| 22-1136 |
In Re Robert Steven Mawhinney |
|
2023-05-22 |
Denied |
administrative-law due-process employment-contract federal-jurisdiction interstate-commerce judicial-review labor-law nondiscretionary-duty statutory-interpretation |
Does 49 U.S.C. § 42121 provide the means to invalidate the exemption incorporated in 9 U.S.C. §1 and allow the deviation of the nondiscretionary duty … |
| 22A980 |
Sandra Immerso v. Department of Labor |
Second Circuit |
2023-05-09 |
Presumed Complete |
None |
|
| 22-1027 |
The Dutra Group, Inc., et al. v. Kelly Zaradnik, et al. |
Ninth Circuit |
2023-04-24 |
Denied |
administrative-law agency-review appellate-jurisdiction benefits-review-board judicial-review longshore-and-harbor-workers-compensation-act notice-of-appeal statutory-interpretation workers-compensation |
Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board |
| 22-918 |
Los Angeles County Department of Public Social Services v. Trina Ray, et al. |
Ninth Circuit |
2023-03-22 |
Denied |
administrative-role economic-reality fair-labor-standards-act federalism joint-employment overtime-wages social-services-program suffer-or-permit-to-work |
Whether a county may be deemed a joint employer under the FLSA when it plays a mere administrative role in a State's social services program by legisl… |
| 22-762 |
Robert Kreb v. Department of Labor |
Ninth Circuit |
2023-02-13 |
Denied |
administrative-law administrative-procedure agency-discretion agency-review arbitrary-and-capricious employee-protection employee-protection-rights evidentiary-burden standard-of-review statutory-interpretation |
What is the appropriate standard of review when an agency administrative law judge abuses their discretion, is arbitrary and capricious or otherwise u… |
| 22A618 |
Robert Kreb v. Department of Labor |
Ninth Circuit |
2023-01-10 |
Presumed Complete |
None |
|
| 22-6470 |
Mary Ann Ellis v. Department of Labor, Administrative Review Board |
Fifth Circuit |
2023-01-06 |
Denied |
civil-procedure civil-rights due-process evidence standing witness |
Question not identified |
| 22-583 |
Evan Greebel v. United States |
Second Circuit |
2022-12-23 |
Denied |
circuit-split civil-rights compensatory-payments consumer-credit-protection-act consumer-protection due-process earnings-definition garnishment garnishment-limitations mandatory-victims-restitution-act statutory-interpretation |
Whether lump-sum compensatory payments to an individual, such as those made pursuant to a retirement plan, qualify as 'earnings' subject to the CCPA's… |
| 22-6367 |
Randall Bernard Allen v. County of Los Angeles, California, et al |
Ninth Circuit |
2022-12-21 |
Denied |
administrative-law civil-rights constitutional-rights due-process government-action individual-rights rule-of-law standing takings |
Where government, state and city administrations are regulators, can The Rule of Law, and U.S.Constitutional rights be abandoned for those administrat… |
| 22-479 |
Steven Onysko v. Martin J. Walsh, Secretary of Labor, et al. |
Tenth Circuit |
2022-11-21 |
Denied |
administrative-procedure-act agency-deference circuit-court-conflicts circuit-court-review safe-drinking-water-act standard-of-review summary-judgment whistleblower-protection |
Whether the Tenth Circuit applied the wrong standard of review under the Administrative Procedure Act |
| 22-5933 |
Gennett M. Holmes-Smith v. Merit Systems Protection Board |
Federal Circuit |
2022-10-28 |
Denied |
civil-rights damages due-process federal-jurisdiction medical-malpractice standing |
Whether the federal court had jurisdiction to hear the case against the hospital and Department of Labor |
| 22-258 |
Wayne B. Holstad, et al. v. Department of Labor |
Eighth Circuit |
2022-09-20 |
Denied |
administrative-law agency-authority civil-procedure civil-rights constitutional-interpretation due-process judicial-review statute-of-limitations takings |
Whether a statute of limitations is a due process requirement, and if so, what statute of limitations is applicable to this case? |
| 22-208 |
Benoit Brookens v. LaRhonda Gamble, et al. |
District of Columbia |
2022-09-08 |
Denied |
administrative-law civil-procedure civil-rights district-court-jurisdiction due-process federal-regulation labor-management-reporting-and-disclosure-act labor-union-rights standing statutory-interpretation |
Whether the DC Circuit is bound by the Federal Regulation 29 CFR 458.1 interpreting 29 U.S.C. Sec. 411 concerning standards of conduct |
| 22A185 |
Mary Ann Ellis v. Department of Labor, Administrative Review Board |
Fifth Circuit |
2022-08-29 |
Presumed Complete |
None |
|
| 22-150 |
Ayyakkannu Manivannan v. Department of Energy |
Federal Circuit |
2022-08-17 |
Denied |
agency-misconduct civil-rights due-process merit-systems-protection-board retaliation whistleblower |
Whether a court of appeals must provide an opinion explaining its reasoning |
| 21-1490 |
Arvind Gupta v. Marty Walsh, Secretary, Department of Labor, et al. |
Second Circuit |
2022-05-27 |
Denied |
employment-standards h-1b-visa immigration-compliance immigration-nationality-act labor-department labor-law nonimmigrant-worker prevailing-wage settlement-agreement wage-requirements working-conditions |
Whether employers can have legally enforceable private settlement agreement with the nonimmigrant worker to pay less than the wages required under the… |
| 21-1441 |
Emanuel McCray v. Department of Labor, Occupational Safety and Health Administration |
Sixth Circuit |
2022-05-13 |
Denied |
administrative-law agency-rulemaking constitutional-authority constitutional-interpretation executive-authority federal-constitution legislative-power occupational-safety public-health separation-of-powers |
What is the appropriate constitutional authority embodied in Articles I and III and the Tenth and Thirteenth Amendments of the U.S. Constitution that … |
| 21-1387 |
Erik Leckner v. General Dynamics Information Technology, et al. |
Ninth Circuit |
2022-04-27 |
Denied |
2nd-amendment administrative-law brown-vs-board civil-rights cybersecurity-risk due-process free-speech retaliation-claim sarbanes-oxley standing whistleblower-protection |
Whether the court of appeals failed to recognize that SOX whistleblower protections does extend to cybersecurity risks and breaches |
| 21-1350 |
Jack Jordan v. Department of Labor, et al. |
Eighth Circuit |
2022-04-14 |
Denied |
administrative-procedure-act agency-sanctions constitution constitutional-precedent free-speech freedom-of-speech judicial-review petition precedent strict-scrutiny |
Whether federal judges are free to flout and violate the APA, Constitution, and precedent |
| 21A507 |
Arvind Gupta v. Marty Walsh, Secretary, Department of Labor, et al. |
Second Circuit |
2022-03-15 |
Presumed Complete |
None |
|
| 21-1180 |
Jack Jordan v. Department of Labor |
Eighth Circuit |
2022-02-25 |
Denied |
attorney-disbarment attorney-discipline civil-rights constitutional-rights court-procedure discovery due-process judicial-misconduct legal-ethics standing |
whether-a-federal-court-may-disbar-an-attorney |
| 21A293 |
Aaron Abadi v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2022-01-05 |
Presumed Complete |
None |
|
| 21A267 |
FabArc Steel Supply, Inc., et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-22 |
Presumed Complete |
None |
|
| 21A260 |
Bentkey Services, LLC, dba The Daily Wire v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-21 |
Presumed Complete |
None |
|
| 21A243 |
Job Creators Network, et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A244 |
National Federation of Independent Business, et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A245 |
Phillips Manufacturing & Tower Company, et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A246 |
The Southern Baptist Theological Seminary, et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A247 |
Ohio, et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A248 |
BST Holdings, LLC, et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A249 |
The Heritage Foundation v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A250 |
Word of God Fellowship, Inc., et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A251 |
Associated Builders and Contractors, Inc., et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A252 |
Scott Bedke, in His Official Capacity as Speaker of the Idaho House of Representatives, et al. et al. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A258 |
Republican National Committee v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21A259 |
Betten Chevrolet, Inc. v. Department of Labor, Occupational Safety and Health Administration, et al. |
Sixth Circuit |
2021-12-20 |
Presumed Complete |
None |
|
| 21-849 |
Slidewaters LLC v. Washington Department of Labor and Industries, et al. |
Ninth Circuit |
2021-12-08 |
Denied |
emergency-powers executive-authority legislative-authority legislative-delegation nondelegation-doctrine police-power separation-of-powers state-governance state-of-emergency |
Does a state legislature's delegation of unlimited and inherently legislative police power to a state executive violate the separation-of-powers, even… |
| 21-813 |
Michael Peck v. Department of Labor, Administrative Review Board, et al. |
Fourth Circuit |
2021-12-01 |
Denied |
civil-rights congressional-intent energy-reorganization-act nrc-employment nuclear-regulatory-commission sovereign-immunity statutory-interpretation whistleblower whistleblower-protection |
Did Congress waive sovereign immunity for NRC whistleblowers? |
| 21-640 |
Five Star Automatic Fire Protection, L.L.C. v. Department of Labor |
Fifth Circuit |
2021-11-02 |
Denied |
burden-shifting civil-rights class-action due-process evidentiary-rule fair-labor-standards-act overtime-pay representative-testimony wal-mart-v-dukes |
In light of Dukes and Tyson Foods, is this an important decision of a federal question in a way that conflicts with relevant decisions of this Court? |
| 21-627 |
Air Transport Association of America, Inc., dba Airlines for America v. The Washington Department of Labor & Industries, et al. |
Ninth Circuit |
2021-10-29 |
Denied |
airline-deregulation-act carrier-prices-routes-services circuit-split federal-law morales-v-trans-world-airlines preemption state-law statutory-interpretation transportation-regulation |
Whether the Airline Deregulation Act preempts neutral state laws that have a significant impact on carrier prices, routes, or services, even if that i… |
| 21-558 |
Howard Jarvis Taxpayers Association, et al. v. The California Secure Choice Retirement Savings Program, et al. |
Ninth Circuit |
2021-10-15 |
Denied |
civil-rights congressional-review-act due-process employee-retirement erisa erisa-preemption fiduciary-duty payroll-deduction pension retirement state-mandated-savings state-regulation |
Whether California's CalSavers program requiring private employers to automatically debit employee paychecks and surrender those earnings to the State… |
| 21-5510 |
Prayed v. Department of Labor, et al. |
Ninth Circuit |
2021-08-27 |
Denied |
civil-rights constitutional-rights due-process first-amendment free-speech labor-management labor-management-relations lmrda lmrda-interpretation procedural-due-process standing union-representation |
Has the Petitioner's substantive rights been abridged, a violation of 28-USC-2072(b), by the Court rules and procedures effecting encroachment of an A… |
| 21-205 |
Thomas Rimini v. Department of Labor |
Second Circuit |
2021-08-12 |
Denied |
administrative-procedure-act administrative-record default-judgment department-of-labor frap-17 local-rules res-judicata sarbanes-oxley subject-matter-jurisdiction |
Should an unopposed default judgement be granted because the Department of Labor did not submit the full administrative record to the court as require… |
| 20-8413 |
Michael T. Brooks v. Department of Labor, Administrative Review Board |
Ninth Circuit |
2021-06-24 |
Denied |
None |
|
| 20-1781 |
Frederick B. Wright v. Department of Labor, Administrative Review Board |
Fifth Circuit |
2021-06-23 |
Denied |
adverse-action federal-water-pollution-control-act motivating-factor reasonable-belief safe-drinking-water-act whistleblower-protection |
Whether an employer's professing motivating factor should override a whistleblower employee's reasonable belief of retaliation |
| 20-1761 |
Jennifer Berrier, Acting Secretary, Pennsylvania Department of Labor and Industry v. Delaware River Joint Toll Bridge Commission |
Third Circuit |
2021-06-17 |
Denied |
compact-clause constitutional-law delaware-river-commission delaware-river-joint-toll-bridge-commission interstate-compact sovereign-authority state-sovereignty third-circuit-court-of-appeals |
Do compacting States, simply by creating an interstate compact, relinquish all sovereign authority over that compact entity unless expressly reserved? |
| 20-1658 |
Thomas Rimini v. Department of Labor |
First Circuit |
2021-05-27 |
Denied |
administrative-exhaustion appellate-procedure civil-procedure department-of-labor federal-rules-of-appellate-procedure non-waiver-mandate sarbanes-oxley subject-matter-jurisdiction |
Did the First Circuit lack subject-matter-jurisdiction to rule while an earlier-filed Sarbanes-Oxley matter with identical causes of action is not yet… |
| 20-8107 |
Gregory Turner v. Merit Systems Protection Board |
Federal Circuit |
2021-05-21 |
Denied |
discrimination due-process employment employment-discrimination federal-employment federal-government labor-investigation merit-system merit-system-protection-board veterans-preference |
Did the petitioner seek to get appeal heard by the Veteran's Employment and Training Service of U.S. Department of Labor |
| 20-1327 |
PDX North, Inc. v. Robert Asaro-Angelo, Commissioner, New Jersey Department of Labor and Workforce Development |
Third Circuit |
2021-03-23 |
Denied |
administrative-law administrative-proceeding civil-procedure civil-remedies civil-rights constitutional-challenge due-process federal-jurisdiction standing state-court younger-abstention |
Whether Younger abstention is applicable and the district court may decline jurisdiction when there is a state administrative proceeding brought under… |
| 20-7320 |
Zbigniew Laskowski v. Washington State Department of Labor and Industries |
Washington |
2021-03-03 |
Denied |
administrative-law appellate-procedure appellate-review civil-rights de-novo-review due-process evidence judicial-findings prosecutorial-discretion standing statutory-interpretation |
Whether the appellate court must apply de novo review where the trial judge failed to make specific findings on the prosecution's justifications for o… |
| 20-1013 |
Clarence J. Simon v. Director, Office of Workers' Compensation Programs, Department of Labor, et al. |
Fifth Circuit |
2021-01-27 |
Denied |
administrative-procedure benefits-disqualification collateral-estoppel compensation-benefits lhwca-section-33(g) longshore-worker longshore-workers-compensation maritime-law settlement-authority third-party-settlement |
Is a longshore worker permanently disqualified from receiving any benefits from his employer due to a tentative third-party settlement? |
| 20-942 |
Christopher L. Buie v. Department of Labor, Administrative Review Board |
Eighth Circuit |
2021-01-13 |
Denied |
administrative-findings discrimination-claims employee-protection issue-preclusion substantial-evidence surface-transportation-assistance-act unsafe-acts vehicle-operation |
Does the 'refuses to operate' clause under the Surface Transportation Assistance Act afford protection to employees who refuse to commit unsafe acts w… |
| 20-861 |
Arlene Fry v. Rand Construction Corporation |
Fourth Circuit |
2020-12-30 |
Denied |
bostock-v-clayton-county burrage-v-united-states but-for-causation causation-standard circuit-split employment-action fmla-claim fmla-retaliation legal-interpretation motivating-factor negative-factor |
Whether the lower court erred in adopting a 'sole cause' standard for FMLA retaliation claims, in direct conflict with this Court's holdings in Burrag… |
| 20-6111 |
Dorothy Moore v. Board of Review, New Jersey Department of Labor, et al. |
New Jersey |
2020-10-22 |
Denied |
civil-rights due-process employment free-speech government-retaliation standing |
Whether the petitioner's unemployment benefits were denied based on the First Amendment right to free speech |
| 20-458 |
Michael B. Brown v. Department of Labor |
Eleventh Circuit |
2020-10-08 |
Denied |
administrative-law civil-procedure deposition-modification evidence factual-finding federal-rules-of-civil-procedure petition-for-review regulatory-compliance sarbanes-oxley whistleblower-protection |
Whether a judge's change of a party's transcribed deposition is an appropriate factual finding, conclusion, and decision |
| 20-5924 |
Patricia Wynn v. Mark Butler, Commissioner, Georgia Department of Labor, et al. |
Georgia |
2020-10-06 |
Denied |
appellate-review civil-procedure court-intervention due-process extraordinary-writ judicial-proceedings legal-review procedural-standards supervisory-power |
Whether the Court below so far departed from the accepted and usual course of judicial proceedings, as to call for an exercise of this Court's supervi… |
| 20-420 |
Jack R. T. Jordan v. Department of Labor |
Eighth Circuit |
2020-10-01 |
Denied |
administrative-law administrative-procedure-act constitutional-interpretation federal-rules-of-civil-procedure federal-rules-of-evidence foia foia-review judicial-misconduct judicial-procedure judicial-review supreme-court-precedent |
Whether lower courts may disregard FOIA-judicial-review-provisions,administrative-procedure-act,federal-rules-of-civil-procedure,federal-rules-of-evid… |
| 20-241 |
Jack Jordan v. Department of Labor |
District of Columbia |
2020-08-28 |
Denied |
administrative-procedure-act agency-action attorney-client-privilege circuit-court-review foia freedom-of-information-act judicial-review rule-60 summary-judgment |
Whether district court and circuit court review of agency action under FOIA must comport with the APA |
| 19-7584 |
Vina Yazzie v. Mohave County, Arizona, et al. |
Ninth Circuit |
2020-02-06 |
Denied |
administrative-law civil-rights constitutional-rights discrimination due-process employment employment-discrimination equal-protection termination title-vii zero-tolerance |
When was Ms. Yazzie hired into the Mohave County? |
| 19-7499 |
Susan Skipp v. United States Court of Appeals for the Second Circuit |
Second Circuit |
2020-01-31 |
Denied |
14th-amendment 1st-amendment 9th-amendment civil-rights constitutional-amendments discrimination due-process equal-protection fatherhood-initiative federal-funding multi-agency-agreement state-action |
Does the implemented Section 17b-27a - John S. Martinez Fatherhood Initiative, Objectives, Reports, Funding, Grant program, programming and tenacle(d)… |
| 19-856 |
Los Angeles County, California v. Trina Ray, et al. |
Ninth Circuit |
2020-01-08 |
Denied |
administrative-law due-process fair-labor-standards-act federal-preemption labor-law non-enforcement-policy overtime-wages sovereign-immunity state-action state-agency |
Whether a county, which acts as an agent of the state in administering a state social welfare program, is an arm of the state entitled to sovereign im… |
| 19-719 |
Dami Hospitality, LLC v. Colorado Department of Labor and Employment, Division of Workers' Compensation |
Colorado |
2019-12-06 |
Denied |
ability-to-pay civil-rights constitutional-law criminal-fines criminal-procedure criminal-sentencing due-process eighth-amendment excessive-fines excessive-fines-clause proportionality sentencing |
Whether an offender's ability to pay is relevant in determining whether a fine is unconstitutional under the Excessive Fines Clause of the Eighth Amen… |
| 19-641 |
Colorado Department of Labor and Employment, Division of Workers' Compensation v. Dami Hospitality, LLC |
Colorado |
2019-11-18 |
Denied |
8th-amendment ability-to-pay civil-procedure constitutional-interpretation corporate-liability corporations due-process eighth-amendment excessive-fines regulatory-enforcement state-law takings workers-compensation |
Whether the Eighth Amendment's Excessive Fines Clause applies to corporations as it does individuals and, if so, whether and to what extent it require… |
| 19-451 |
Edward Ronny Arnold v. Jeff McCord, Commissioner, Tennessee Department of Labor and Workforce Development |
Sixth Circuit |
2019-10-04 |
Denied |
14th-amendment 1st-amendment appellate-procedure civil-procedure civil-procedure-rules-of-appellate-procedure-due-p court-clerk-duties default-judgment due-process electronic-filing pro-se-litigation |
Whether the United States Court of Appeals for the Sixth Circuit incorrectly dismissed the civil action in conflict with existing rules of appellate p… |
| 19A207 |
Colorado Department of Labor and Employment, Division of Workers' Compensation v. Dami Hospitality, LLC, et al. |
Colorado |
2019-08-21 |
Presumed Complete |
None |
|
| 19-198 |
Adriano Kruel Budri v. Department of Labor, Administrative Review Board |
Fifth Circuit |
2019-08-15 |
Denied |
commercial-motor-vehicle fifth-circuit-guidance logging-time on-duty-not-driving on-duty-time protected-activity surface-transportation-assistance-act transportation-regulations |
Whether the Panel of the U.S. Court of Appeals for 5th Circuit has provided legal guidance about the safety related issue of logging time for repair a… |
| 19-182 |
Francisca Guillen v. Dollar Tree Stores, Inc. |
Ninth Circuit |
2019-08-09 |
Denied |
california-labor-code california-law district-court-discretion electronic-records employee-protection employee-rights jury-instructions labor-code labor-law labor-standards-enforcement statutory-interpretation wage-statements |
Whether it was error not to instruct a jury on the law set forth in almost 20-years of opinions of California's Department of Labor Standards Enforcem… |
| 19M37 |
Collin S. Osbourne v. New Jersey Department of Labor and Workforce Development |
New Jersey |
2019-08-08 |
Presumed Complete |
None |
|
| 19-86 |
Maria Jordan v. Director, Office of Workers' Compensation Programs, Department of Labor, et al. |
Fifth Circuit |
2019-07-16 |
Denied |
administrative-procedure-act agency-adjudication appellate-procedure arbitrary-and-capricious constitutional-law constitutional-rights due-process judicial-review |
Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional |
| 19-51 |
Ben Branch, et al. v. Massachusetts Department of Labor Relations, et al. |
Massachusetts |
2019-07-08 |
Denied |
bargaining-representative civil-rights compelled-speech constitutional-rights due-process exclusive-representation first-amendment free-speech political-activity political-autonomy public-employee state-action union-representation |
Whether a public employee union's use of its government-granted authority as exclusive bargaining representative to compel employees to choose between… |
| 19-23 |
Rockwood Casualty Insurance Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al. |
Tenth Circuit |
2019-07-02 |
Denied |
administrative-procedure-act agency-regulations agency-rulemaking black-lung-benefits-act burden-of-proof due-process evidence evidentiary-standards regulatory-amendment standing |
Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testi… |
| 18-8716 |
Sean M. Donahue v. Pennsylvania Department of Labor and Industry, et al. |
Pennsylvania |
2019-04-05 |
Denied |
107th-congress congressional-act constitutional-provisions employment-rights federal-funding job-placement jurisdiction public-law public-law-107-288 state-obligations state-services statutory-provisions us-jobs-for-veterans-act veterans-affairs veterans-benefits veterans-services |
What services are owed to all veterans by states that accept federal funding under the US Jobs for Veterans Act (Public Law 107-288, 107th Congress)? |
| 18-1266 |
Timothy P. O'Leary v. Aetna Life Insurance Company |
Eleventh Circuit |
2019-04-02 |
Denied |
adverse-benefits-determination arbitrary-capricious benefits-determination civil-procedure claims-procedures department-of-labor erisa erisa-statute erisa-statute-and-regulations fiduciary-duties fiduciary-duty standard-of-review |
Does a fiduciary's decision take priority over compliance with ERISA statute and regulations? |
| 18-1032 |
Robert Steven Mawhinney v. American Airlines, Inc. |
Ninth Circuit |
2019-02-07 |
Denied |
air-carrier-employee air21-complaint air21-discrimination air21-discrimination-complaint arbitration-provision department-of-labor dol-investigation employment-discrimination federal-arbitration-act federal-arbitration-act-exemption ninth-circuit-error pre-dispute-arbitration pre-dispute-arbitration-provision settlement-agreement statutory-federal-regulation statutory-interpretation |
Determining whether an air carrier employee's AIR21 discrimination complaint can be subject to a pre-dispute arbitration provision |
| 18-7775 |
Joseph F. Olivares v. Michigan Workers' Compensation Agency, et al. |
Sixth Circuit |
2019-02-05 |
Denied |
14th-amendment 42-usc-1983 civil-rights due-process free-speech patent standing statute-of-limitations takings workers-compensation |
Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions? |
| 18-971 |
Faye R. Hobson v. James Mattis, former Secretary of Defense |
Sixth Circuit |
2019-01-28 |
Denied |
ada administrative-exhaustion chevron-deference civil-procedure civil-rights due-process equitable-tolling fmla pro-se-litigant pro-se-litigation rehabilitation-act standing title-vii |
Should the doctrine of equitable tolling be expanded to include a pro se party's mistaken belief about filing deadlines |
| 18-6288 |
Jesse Cooley, Jr. v. Director, Office of Workers' Compensation Programs, Department of Labor, et al. |
Fifth Circuit |
2018-10-11 |
Denied |
civil-rights due-process employment-discrimination mental-health mental-stress physical-health physical-stress retaliation workers-compensation |
Whether the petitioner's workers' compensation claim was improperly denied |
| 18-6074 |
Crystal Nicole Kuri v. Kansas Department of Labor, Employment Security Board of Review |
Kansas |
2018-09-21 |
Denied |
civil-rights college discharge due-process employment suspension termination |
Whether the college's termination of the employee's employment violated the employee's due process rights |
| 18-143 |
Sandra Lee Bart v. United States |
Eighth Circuit |
2018-07-31 |
Denied |
appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence |
Did the Eighth Circuit fail to follow its own precedent and rule contrary to other Appellate Circuits and the United States Supreme Court when it appr… |
| 18-101 |
Patrick Jon Evers v. United States |
Eighth Circuit |
2018-07-23 |
Denied |
18-usc-1920 decisionmaking-body false-representation false-statements federal-benefits federal-benefits-fraud federal-workers-compensation fraud materiality materiality-standard perjury workers-compensation |
Can false representations be 'material' for purposes of 18 USC §1920 where such representations were neither addressed to the decisionmaking body nor … |