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Misclassification Burden of Proof

DarrowEverett LLP

Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases

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The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more

Venable LLP

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

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On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more

Holland & Hart LLP

Supreme Court Clarifies Burden of Proof for Employers in FLSA Exemption Cases

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Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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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

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

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After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Payne & Fears

Key California Employment Law Cases: May 2018

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This month’s key California employment law cases are two decisions from the California Court of Appeal. Curry v. Equilon Enters., LLC, 22 Cal. App. 5th 772 (2018) - Summary: Employees of entities who leased and...more

Payne & Fears

California Supreme Court Takes a Sharp Turn in Decision Involving Classification of Delivery Drivers

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The California Supreme Court has taken a significant step away from the long-used multifactor test to determine whether individual workers are employees or independent contractors, and toward a test that presumes workers in...more

Payne & Fears

Key California Employment Law Cases: April 2017

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This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

Stinson - Benefits Notes Blog

Independent Contractor Or Employee – It Can Depend Upon Who Has The Burden Of Proof

Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in which the determination is not always clear. In many cases, the IRS takes...more

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