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Supreme Court of the United States › Exemptions › Fair Labor Standards Act (FLSA)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Mayer Brown

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

Mayer Brown on

On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

Foley & Lardner LLP

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

Foley & Lardner LLP on

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

Venable LLP

Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

Venable LLP on

On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal...more

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

Sheppard Mullin Richter & Hampton LLP on

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Proskauer - Law and the Workplace

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

Proskauer - Law and the Workplace on

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

Parker Poe Adams & Bernstein LLP

Supreme Court Accepts Review of Employer's Burden for Claiming FLSA Exemptions

Parker Poe Adams & Bernstein LLP on

Under the Fair Labor Standards Act, employers bear the burden of proving the applicability of an exemption from overtime and/or minimum wage requirements. Earlier this year in E.M.D. Sales Inc. v. Carrera, the Fourth Circuit...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

Sheppard Mullin Richter & Hampton LLP on

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

ArentFox Schiff

US Supreme Court Holds That Airline Cargo Loaders Are Exempt From Arbitration

ArentFox Schiff on

The US Supreme Court has held that airline cargo loaders who load and unload cargo from planes that travel across state lines are exempt from the Federal Arbitration Act (FAA) because they belong to a “class of workers...more

Venable LLP

Text, Context, and Canons: Inside a Unanimous Supreme Court Decision

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The end of the Supreme Court's term usually brings divided decisions. But in Southwest Airlines Co. v. Saxon, the whole Court agreed on both the result and the reasoning in a trim 11 pages....more

BakerHostetler

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

BakerHostetler on

For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

Dorsey & Whitney LLP

The Supreme Court - June 6, 2022

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Southwest Airlines v. Saxon, No. 21-309: This case concerns the scope of the Federal Arbitration Act’s (FAA) exemption for certain interstate transportation workers - namely, “seamen, railroad employees, or any other class of...more

Ballard Spahr LLP

U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation

Ballard Spahr LLP on

For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of the United States Issues Important Decision on the Federal Arbitration Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption. In Southwest Airlines Co. v....more

Fox Rothschild LLP

Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t...

Fox Rothschild LLP on

This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000 per year, albeit paid on a day rate, can nonetheless meet the FLSA test...more

Fox Rothschild LLP

Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

Fox Rothschild LLP on

The issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing managerial, supervisory work could be...more

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

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It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

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