News & Analysis as of

Clear and Convincing Evidence Class Action

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

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

Ballard Spahr LLP

The Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases

Ballard Spahr LLP on

Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more

Pierce Atwood LLP

COVID-19: Will Maine’s Long-term Care Facilities Become Targets for Class Action Litigation?

Pierce Atwood LLP on

Long-term care facilities have seen some of the worst of the COVID-19 pandemic since it erupted in March. In Maine, residents of nursing homes and other long-term care facilities make up a large portion of the state’s total...more

Womble Bond Dickinson

Eleventh Circuit Examines FCRA Willfulness Standard

Womble Bond Dickinson on

In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to...more

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