News & Analysis as of

Burden of Proof › Exempt-Employees › Fair Labor Standards Act (FLSA)

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

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

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

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

Fox Rothschild LLP on

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

Jackson Lewis P.C. on

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

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

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

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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