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
1/20/2025
/ Appeals ,
Burden of Proof ,
Department of Labor (DOL) ,
Employee Rights ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour
In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary,...more