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Fair Labor Standards Act (FLSA) Clear and Convincing Evidence

Fox Rothschild LLP

Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!

Fox Rothschild LLP on

I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in order to establish that employees are exempt under Part...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

Fox Rothschild LLP

Liquidated Damages And The CEO: When Does Personal Liability Attach?

Fox Rothschild LLP on

The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in their overtime suit are claiming the failure was...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #5

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

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