Supreme Court of the United States · Official docket →
Frank Faillace v. Zoe Hollis
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-2464 · judgment November 18, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Fair Labor Standards Act (“FLSA”) prohibits retaliation by an employer or “any person acting directly or indirectly in the interest of an employer in relation to an employee.” 29 U.S.C. §§ 203(d), 215(a)(3), 216(b). Section 216(b) only authorizes private civil actions to claims against an “employer.” The questions presented are:
-
Whether 29 U.S.C. § 216(b) authorizes a private retaliation action against a person that did not employ the plaintiff?
-
Whether the FLSA authorizes adjudication of a time-barred misclassification claim to establish “employee” status for the secondary purpose of pursuing a third-party retaliation claim against a non-employer?
Counsel of record
For petitioner
Charles Robert Steringer
Dunn Carney LLP
For respondent
—
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 27 2026Petition DENIED.
- Apr 08 2026DISTRIBUTED for Conference of 4/24/2026.
- Feb 17 2026Petition for a writ of certiorari filed. (Response due March 27, 2026)