News & Analysis as of

Over-Time Minimum Wage Exempt-Employees

Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

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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

Lerch, Early & Brewer

Supreme Court Clarifies Burden for Employers Seeking to Establish That Employees are Exempt From Minimum Wage Requirements

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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

Fisher Phillips

The Auto Dealer’s Guide to FLSA Exemptions: An Inventory of Commonly Used Categories + Your Maintenance Plan to Stay Compliant

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Auto dealerships employ a wide range of workers and often maintain a variety of complex pay plans, which can make compliance with federal wage and overtime rules extra challenging. Since violations of the Fair Labor Standards...more

Robinson Bradshaw

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

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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

Jackson Walker

Supreme Court Lowers Burden of Proof for FLSA Overtime Exemptions

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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

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

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January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

Husch Blackwell LLP

Supreme Court Clarifies Standard of Proof for FLSA Exemptions

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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

Vedder Price

Supreme Court Clarifies Burden of Proof Standard for FLSA Claims

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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

Dinsmore & Shohl LLP

Supreme Court Rejects Higher Evidence Standards for the FLSA

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The U.S. Supreme Court unanimously held that higher evidentiary standards do not apply to overtime exemption classification disputes under the Fair Labor Standards Act (FLSA)....more

Morgan Lewis

US Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

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The US Supreme Court issued a unanimous decision on January 15, 2025 in EMD Sales Inc. v. Carrera clarifying the evidentiary standard employers must meet to show that an employee is exempt from overtime and minimum wage...more

Pullman & Comley - Labor, Employment and...

U.S. Supreme Court Confirms that Employers Are Not Subject to Heightened Standard in Proving Compliance with Federal Overtime and...

The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938.  It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more

Polsinelli

Supreme Court Unanimously Clarifies Burden of Proof for FLSA Exemptions

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides E.M.D. Sales, Inc. v. Carrera

On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more

Jackson Lewis P.C.

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

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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

Kelley Drye & Warren LLP

Legal Updates for New York and California Employers in 2025

With 2025 having arrived and a new President known for shattering norms about to assume office, employers are eyeing the inevitable enforcement changes that the new administration will bring. But employers must remember to...more

Buchalter

A New Year Brings New Laws to Pacific Northwest Employers

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It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for employers with Washington and/or Oregon employees....more

Bond Schoeneck & King PLLC

Employment Law Updates for 2025 in New York

As 2024 comes to a close, New York prepares for the rollout of new employment laws and regulations in the coming year. While not an exhaustive summary, this article highlights key developments and updates in employment law...more

Poyner Spruill LLP

Federal Judge Rules Against Overtime Final Rule

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In a closely watched decision, on November 15, 2024, Judge Sean Jordan of the United States District Court for the Eastern District of Texas entered a ruling (“Ruling”), which struck down a final rule (“Rule”) by the U.S....more

Fisher Phillips

SCOTUS Predictions: Justices Will Hand Win to Employers By Rejecting Higher Standard of Proof in Overtime Exemption Cases

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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 recently heard oral arguments in a case raising this question and...more

Conn Maciel Carey LLP

Biden EAP Overtime Exemption Rule Vacated, as Judge Sounds Death Knell for Increased Salary Thresholds

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On November 15, 2024, U.S. District Judge Sean D. Jordan of the Eastern District of Texas vacated the Biden Administration’s overtime exemption rule. The final rule, which went into effect on July 1, 2024, included a...more

Davis Wright Tremaine LLP

Salary Thresholds for FLSA Exemptions Increase Again on January 1, 2025 – Despite Challenges to DOL Rule

Before the end of the year, employers will need to review the exempt status of their employees to ensure they are compliant with upcoming changes to federal law. The U.S. Department of Labor ("DOL") sets minimum wage,...more

Fox Rothschild LLP

Employers Should Prepare Now for 2025 New York State Wage Adjustments

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As we approach the start of a new year, New York employers should prepare for several wage-related adjustments that will take place on Jan. 1, 2025. Along with an increase to the state’s hourly minimum wage rates, there are...more

Lasher Holzapfel Sperry & Ebberson PLLC

2025 Washington Employment Law Update – Minimum Wage, Exempt Employees, and Noncompete Updates

Beginning on January 1, 2025, the minimum wage in Washington will go up to $16.66 per hour, up 2.35% from 2024. In addition to the statewide minimum, various cities and counties have a dizzying array of higher minimum wages...more

Foster Garvey PC

2025 Increases in Washington Minimum Wage and Other Employee Expenses

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The Washington State Department of Labor & Industries (L&I) recently announced increases in the Washington minimum wage, the threshold for overtime exemptions and the minimum required for employee noncompete enforcement....more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

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