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
1/24/2025
/ Appeals ,
Class Action ,
Clear and Convincing Evidence ,
Collective Actions ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Employment Policies ,
Evidence ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour
On September 8, a federal judge in the Southern District of New York vacated a portion of the U.S. Department of Labor’s regulations narrowing the scope of “joint employer” status under the Fair Labor Standards Act. According...more
Domestic service workers providing either companionship service or live-in care for elderly, ill or disabled persons and who are employed by a staffing agency or other third-party employer are entitled to minimum wage and...more
As we have previously reported, a federal district court for the District of Columbia recently vacated new U.S. Department of Labor regulations promulgated under the Fair Labor Standards Act, which (1) barred third-party...more
3/4/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Unpaid Overtime ,
Wage and Hour