News & Analysis as of

Department of Labor (DOL) › Over-Time › Clear and Convincing Evidence

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Fox Rothschild LLP

United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption Cases

Fox Rothschild LLP on

On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether...more

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