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Standard of Proof Department of Labor (DOL) Title VII

Proskauer - Law and the Workplace

SCOTUS:  No Heightened Standard of Proof Required for FLSA Exemption Defense

In E.M.D. Sales, Inc. v. Cabrera, issued on January 15, 2025, the Supreme Court held that the “preponderance of the evidence” standard—and not the more difficult-to-satisfy “clear and convincing evidence” standard—applies...more

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