The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the...more
Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more
In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more
Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more
January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more
On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that an employee is exempt from the minimum wage and...more
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to...more
The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938. It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more
On January 15, 2025, the U.S. Supreme Court rejected the Fourth Circuit’s attempt to require an employer to meet a higher evidentiary standard to establish that its workers fell under one of the Fair Labor Standards Act...more
On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard. In so doing,...more
On Wednesday, January 15, 2025, in a unanimous opinion, the Supreme Court of the United States ruled that the preponderance of the evidence standard is the appropriate standard for courts to apply to overtime exemption...more
In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the...more
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more
The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more
Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more
On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether...more
The U.S. Supreme Court kicked off its new term on October 7, 2024. This term, the Supreme Court has been asked to weigh in on at least four cases that raise important issues that may have far-reaching implications for...more
Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her...more
History teachers may enjoy this story. In a court case involving South Carolina tidelands tracts issued 300 years ago via King’s grants, an appeals court ruled that clear and convincing evidence is not necessarily...more
Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
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
Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more