Proof in Trial: University of Louisville
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
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Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
II-31- The Changing 9 to 5 From 1980 to Today
Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more
In a decision which should provide some comfort to employers, the Supreme Court recently held in E.M.D. Sales, Inc., et. al. vs. Carrera, et. al. that employers do not have a higher burden of proof demonstrating that an...more
On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair...more
On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor Standards Act (“FLSA”) by a...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
On January 15, 2025, the Supreme Court for the United States issued an opinion interpreting the standard of proof employers must meet to establish the applicability of an exemption to the overtime requirements of the Fair...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
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
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
Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more
The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...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 U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...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
An appeals court just ruled that pizza companies do not need to use the Internal Revenue Service’s standard mileage rate when reimbursing their delivery drivers for the actual costs of using their vehicles for work. In...more
FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more
For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more
This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more
Although it may seem counterintuitive that an employer should keep time for an exempt employee, there may be sound reasons at times for doing so. In a recent case in California, Furry v. East Bay Publishing, LLC (January 4,...more
In this weeks issue: - You broke it, you fix it – unpaid holiday could be carried forward indefinitely - Go with the flow – burden of proof shifts in discrimination claims - Going up – increased minimum wage and...more
On October 29, a Hartford jury awarded $262,930 in a wage dispute against the Haymond Law Firm, P.C. Of particular significance, the Judge permitted the jury to apply the new statutory standard for doubling damages. ...more