U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


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.

Case Documents