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
1/24/2025
/ Appeals ,
Class Action ,
Clear and Convincing Evidence ,
Collective Actions ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Employment Policies ,
Evidence ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour
Remember the 2016 Overtime Rule? They sued over that?
Last summer, I wrote about Alvarez v. Chipotle Mexican Grill, Inc., a class and collective action alleging that Chipotle violated the Overtime Rule issued by the Obama...more
The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more
4/4/2016
/ Admissible Evidence ,
Class Action ,
Doffing ,
Donning ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour