News & Analysis as of

Supreme Court of the United States › 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 -
Foley & Lardner LLP

Supreme Court’s E.M.D. Sales v. Carrera Decision: A Victory for Employers Navigating FLSA Exemptions

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A January 15, 2025, U.S. Supreme Court opinion brought welcome news for employers defending claims of worker exempt status misclassification under the Fair Labor Standards Act (FLSA). In the case at issue, E.M.D. Sales, Inc....more

Littler

Policy Week in Review – April 2025 #2

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Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox  - On April 7, the U.S. Court of Appeals for the D.C. Circuit ruled that National Labor Relations Board Member Gwynne Wilcox could...more

Rumberger | Kirk

No Extra Hurdles for Employers Claiming Overtime Exemptions: High Court Rules FLSA Does Not Require Stricter Evidence Standards

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In a unanimous opinion decided January 15, 2025, E.M.D. Sales, Inc., v. Carrerra et al., the U.S. Supreme Court ruled that the less stringent preponderance of evidence standard, instead of the clear and convincing evidence...more

Dinsmore & Shohl LLP

Federal Contractor Minimum Wage Executive Order Revoked

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Employees of federal contractors are no longer entitled to special federal minimum wage rates for work performed on, or associated with, certain federal contracts. On March 14, 2025, President Donald Trump issued an Executive...more

Parker Poe Adams & Bernstein LLP

Supreme Court Will Not Review Challenge to Overtime Exemption Rules

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On Monday, the U.S. Supreme Court declined review of a First Circuit Court of Appeals decision rejecting a facial challenge to the way the Department of Labor and federal courts determine exempt versus non-exempt duties under...more

Haynsworth Sinkler Boyd, P.A.

What Employers Need to Know About Shifting Caselaw and Legislation

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As employers navigate the complexities of a new political era and evolving regulatory framework, staying ahead of these changes isn't just advisable — it's essential. Several executive actions have already influenced...more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

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On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Venable LLP

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

Venable LLP on

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

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

Seyfarth Shaw LLP

Seyfarth’s SCOTUS Employment Law Roundup: A Win for Employers Defending Exemptions Under the FLSA, and Two Other Cases to Watch

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In an important opinion for employers defending against misclassification claims, the Supreme Court has issued its first major employment law decision of the current term in EMD Sales v. Carrera, with two other marquee...more

Mayer Brown

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

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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

Tucker Arensberg, P.C.

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

Tucker Arensberg, P.C. on

The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the...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

Mintz - Employment Viewpoints

Employer Win on FLSA Exemption Issue – Heightened Pleading Standard Rejected by High Court

Mintz - Employment Viewpoints on

The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” burden of proof applies in determining whether an employee is exempt under the federal Fair Labor...more

Robinson Bradshaw

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

Robinson Bradshaw on

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

Clark Hill PLC

Supreme Court Clarifies Burden of Proof in FLSA Exemption Cases, Leaves Key Questions Unanswered

Clark Hill PLC on

On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor Standards Act (“FLSA”) by a...more

Miles & Stockbridge P.C.

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

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Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

Cranfill Sumner LLP

Supreme Court Clarifies Proof Standard for Overtime Exemptions

Cranfill Sumner LLP on

On January 15, 2024, the United States Supreme Court issued a unanimous Judgment in E.M.D. Sales, Inc., v. Carrera that employers only need to prove an exemption under the Fair Labor Standards Act (FLSA) by a preponderance of...more

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

Parker Poe Adams & Bernstein LLP

Supreme Court Clarifies Standard of Proof for FLSA Exempt Status

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Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more

Parker Poe Adams & Bernstein LLP

Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

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Last week, the U.S. Supreme Court declined to hear an appeal of a Tenth Circuit Court of Appeals decision upholding former President Joe Biden’s executive order increasing the minimum wage applicable to employees of certain...more

Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

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In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Perkins Coie

The US Supreme Court Addresses the Standard of Proof for Exemptions Under the FLSA

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The Supreme Court of the United States rejected a higher standard of proof for employers to demonstrate that an employee is exempt under the Fair Labor Standards Act (FLSA), providing clarity for FLSA disputes across the...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

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