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Nursing Home Care Management, Inc., dba Prestige Home Care Agency, et al. v. Lori Chavez-DeRemer, Secretary of Labor

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-2284 · judgment January 31, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a business petitioner, and counsel who has filed here before.

Questions presented

  1. Whether under the Fair Labor Standards Act (“FLSA”) an employer’s single unrelated prior interaction with the Department of Labor (“DOL”) is sufficient basis to put an employer on notice of all provisions of the FLSA, such that any future alleged violation must constitute a “willful” violation subject to increased penalties under the Act?

  2. Whether under the FLSA and Portal-to-Portal Act (“PPA”) the federal government may require private employers to compensate employees for non-employer provided travel when the federal government denies that such time is compensable where the federal government is the employer?

Counsel of record

For petitioner
Colin D. Dougherty
FOX ROTHSCHILD LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Sep 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Sep 03 2025
    Reply of petitioners Nursing Home Care Management, Inc., et al. filed.
  4. Aug 25 2025
    Brief of respondent Lori Chavez-DeRemer, Secretary of Labor in opposition filed.
  5. Aug 08 2025
    Supplemental brief of petitioners Nursing Home Care Management, Inc., et al. filed.
  6. Jul 10 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including August 25, 2025.
  7. Jul 08 2025
    Motion to extend the time to file a response from July 16, 2025 to August 25, 2025, submitted to The Clerk.
  8. Jun 16 2025
    Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2025.
  9. Jun 13 2025
    Motion to extend the time to file a response from June 16, 2025 to July 16, 2025, submitted to The Clerk.
  10. May 13 2025
    Petition for a writ of certiorari filed. (Response due June 16, 2025)