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Precision Drilling Corp., et al. v. Rodney Tyger, Individually and On Behalf of All Others Similarly Situated, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1613 · judgment August 16, 2023


Certiorari denied · June 3, 2024
Pre-decision estimate: 9% cert probability (95% interval 6%–15%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.

Question presented

Whether the Fair Labor Standards Act, which exempts from required compensation all activities that are “preliminary” or “postliminary” to employees’ principal work activities, 29 U.S.C. § 254(a)(2), nevertheless requires employers to compensate employees for donning and doffing generic protective clothing that does not protect against job-specific hazards that transcend ordinary risks. (i)

Counsel of record

For petitioner
Jonathan Saul Franklin
Norton Rose Fulbright US, LLP

For respondent
Adam Ross Pulver
Public Citizen Litigation Group

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 03 2024
    Petition DENIED.
  2. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  3. May 13 2024
    Reply of petitioners Precision Drilling Corp., et al. filed. (Distributed)
  4. May 09 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  5. May 01 2024
    Brief of respondents Rodney Tyger, et al. in opposition filed.
  6. Apr 01 2024
    Brief amicus curiae of National Association of Manufacturers filed.
  7. Mar 29 2024
    Brief amicus curiae of International Association of Drilling Contractors filed.
  8. Mar 18 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2024.
  9. Mar 15 2024
    Motion to extend the time to file a response from April 1, 2024 to May 1, 2024, submitted to The Clerk.
  10. Feb 28 2024
    Petition for a writ of certiorari filed. (Response due April 1, 2024)