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Burden of Proof Exempt-Employees

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Will Consider Whether Employers Have Heightened Burden for Demonstrating Overtime Exemption

On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more

Fox Rothschild LLP

What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In

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It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. In a recent case, a federal appellate court...more

Jackson Lewis P.C.

Fourth Circuit Panel Questions Validity of Court’s Burden of Proof for FLSA Overtime Exemptions

Jackson Lewis P.C. on

The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit...more

Jackson Lewis P.C.

Fifth Circuit Creates Circuit Split On FLSA’s “Regular Rate” Burden, Addresses Inclusion Of Bonuses

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With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Payne & Fears

Key California Employment Law Cases: January 2019

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This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Polsinelli

How Should an Employer Keep Time For an Exempt Employee?

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Although it may seem counterintuitive that an employer should keep time for an exempt employee, there may be sound reasons at times for doing so.  In a recent case in California, Furry v. East Bay Publishing, LLC (January 4,...more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Payne & Fears

Key California Employment Law Cases: April 2017

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This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

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