News & Analysis as of

Wage and Hour

Lowndes

U.S. Supreme Court Rejects Higher Standard of Proof for Overtime Exemptions

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In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more

Littler

High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions

Littler on

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

Littler

Massachusetts Gets Transparent: FAQs Clarify the Commonwealth’s Pay Transparency Law

Littler on

Massachusetts’ Executive Office of Labor and Workforce Development (LWD) recently published FAQs that provide guidance on the state’s new pay transparency law, formally titled the Frances Perkins Workplace Equity Act. The Act...more

Nelson Mullins Riley & Scarborough LLP

Important Update for Massachusetts Employers: February 1, 2025 Wage Data Reporting Deadline

Earlier this year, Massachusetts enacted a new law entitled an Act Relative to Salary Range Transparency (the “Act”). Under the Act, employers must disclose certain salary and wage information in job postings and...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Rejects Heightened Evidentiary Standard for FLSA Cases

Employers may now have an easier time establishing that employees are properly classified as exempt, in light of a recent unanimous ruling from the United States Supreme Court.  In E.M.D. Sales, Inc., et al. v. Carrera et...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Berkshire

UPDATE: FAR Council Proposals Withdrawn

Berkshire on

In January 2024, the Federal Acquisition Regulatory Council (FAR Council) proposed a rule that would One year later on January 8, 2025, the FAR Council has withdrawn their proposed rule....more

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

Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful

On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. ...more

Fisher Phillips

Top International Employment Law Predictions for 2025

Fisher Phillips on

Our International Practice Group thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more

Conn Maciel Carey LLP

Employers Can Expect a more business-friendly EEOC in a Second Trump Administration

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Under the Biden administration, the U.S. Equal Employment Opportunity Commission (“EEOC”), the agency that administers and enforces federal workplace civil rights law, advanced numerous employee-friendly initiatives, with a...more

Offit Kurman

Better Call Sarah: Political Speech in the Workplace

Offit Kurman on

Help! After this last election, it seems everyone at the office has something to say about politics, and I’m caught between my mission to keep the peace and the very real risk of stifling free speech. Is there a way I can...more

Stoel Rives LLP

Supreme Court Clarifies Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc. v. Carrera

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On January 15, 2025, the United States Supreme Court issued a rare unanimous decision clarifying the applicable standard employers must meet in cases involving exemptions under the Fair Labor Standards Act (“FLSA”). In an...more

Amundsen Davis LLC

Ohio Employers: New Pay Stub Protection Act Requirements

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Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements. Before this, Ohio was one of few states where employees did not have the right to receive...more

Seyfarth Shaw LLP

United States Supreme Court Holds That The Preponderance-Of-The-Evidence Standard Applies to Exemption Defenses Under The Fair...

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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

Davis Wright Tremaine LLP

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more

FordHarrison

New Massachusetts Workforce Data Reporting: Covered MA Employers Must Submit Most Recent EEO Reports By February 3, 2025

FordHarrison on

Real World Impact: A recently enacted Massachusetts law requires employers with 100 or more employees in the state to submit a copy of their most recently filed EEO reports to the state by February 1 annually (or the next...more

Polsinelli

Supreme Court Unanimously Clarifies Burden of Proof for FLSA Exemptions

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On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, finally clarifying the standard of proof for employers to demonstrate an employee is properly exempt...more

Dorsey & Whitney LLP

The Supreme Court Update - January 15, 2025

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The Supreme Court of the United States issued two decisions today: E.M.D. Sales, Inc. v. Carrera, No. 23-217: This case concerns the standard of proof that an employer must meet to show an exemption applies to the Fair...more

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

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

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

Jackson Lewis P.C.

Massachusetts Pay Transparency Law: What Employers Need to Know Before February

Jackson Lewis P.C. on

Last July, Massachusetts joined a growing number of states mandating that employers provide pay transparency to employees. The Massachusetts pay transparency law also includes a wage data reporting component that requires...more

Lewitt Hackman

Los Angeles Fires: Employers Should Weigh Employee Needs With Current Laws

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The recent wildfires in Los Angeles have significantly impacted businesses and their employees – employers should be aware of their responsibilities to support their workforce during this challenging time. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides E.M.D. Sales, Inc. v. Carrera

On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more

Fisher Phillips

SCOTUS Delivers Win to Employers in Overtime Exemption Cases by Rejecting Higher Standard of Proof: Key Takeaways

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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

Bass, Berry & Sims PLC

Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

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A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more

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