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Supreme Court of the United States › Over-Time › Employees

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 -
Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

Butler Snow LLP on

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

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

Maynard Nexsen

Supreme Court Clarifies Standard of Proof for FLSA Exemptions

Maynard Nexsen on

The U.S. Supreme Court unanimously ruled last week that employers do not face an unusually high standard to prove exemptions under wage and overtime laws, ending the Fourth Circuit’s stricter approach for employers in five...more

Sands Anderson PC

The Supreme Court Holds That Employers Need Not Prove Wage & Hour Exemptions Under a Heightened Standard of Proof

Sands Anderson PC on

In E.M.D. Sales, Inc. v. Carrera, the Supreme Court decided the burden of proof an employer must meet to prove that an employee is exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act. The...more

Cole Schotz

U.S. Supreme Court Issues Key Decision on FLSA Burden of Proof

Cole Schotz on

On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...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...

Pullman & Comley - Labor, Employment and... on

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

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Steptoe & Johnson PLLC

Supreme Court Holds that Daily-Rate Employees are Entitled to Overtime Compensation

Steptoe & Johnson PLLC on

In Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court of the United States issued an important decision regarding whether highly compensated employees paid on a daily-rate basis were entitled to overtime...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

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Rules that Highly Compensated Daily-Rate Employees Qualify for Overtime Pay

Nelson Mullins Riley & Scarborough LLP on

On February 22, 2023, the U.S. Supreme Court ruled in Helix Energy Solutions v. Hewitt that highly compensated employees paid on a daily rate basis, rather than on a salary basis, are not exempt from the Fair Labor Standards...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Nelson Mullins Riley & Scarborough LLP on

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Baker Donelson

Another Day, Another Dollar but Still No Salary: Supreme Court Draws Bright Line

Baker Donelson on

In a 6 – 3 decision on February 22, 2023, the U.S. Supreme Court held that an offshore rig employee paid a "day rate" but earning more than $200,000 annually is entitled to overtime....more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Determine Whether Highly Compensated Employees Are Entitled to Overtime Pay

Sheppard Mullin Richter & Hampton LLP on

On May 2, 2022, the Supreme Court of the United States (“SCOTUS”) granted an employer’s petition for review to determine whether highly compensated employees are entitled to overtime compensation under the Fair Labor...more

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