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

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

Hurry Up (But Also Wait): The DOL’s Final Rule for Overtime Exemptions and Likely Legal Challenges

On April 23, 2024, the U.S. Department of Labor (DOL) issued its much-anticipated final rule raising the salary threshold for certain workers exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). As...more

DOL Moves Toward Clarity on FLSA Exemptions

The long-running saga over the U.S. Department of Labor’s (DOL) proposed revisions to the Fair Labor Standard Act’s (FLSA) overtime rules is one step closer to ending. On September 24, 2019, the DOL announced its final rule...more

California Supreme Court Adopts "ABC" Test for Independent Contractor Status Under California Wage Orders

The California Supreme Court issued its long-awaited opinion in Dynamex Operations West v. Superior Court, in which the court considered the appropriate test to use when determining whether a worker is an employee or...more

Supreme Court Rejects "Narrow Construction Principle" in Cases Interpreting Fair Labor Standards Act Exemptions

In a case analyzing a limited-use exemption to the overtime requirements of the Fair Labor Standards Act (the exemption at issue applies to salesmen and mechanics primarily engaged in selling or servicing automobiles), the...more

EEOC Proposes Rules for Employer Wellness Programs

In response to the increasing cost of providing group health coverage, employers have begun encouraging their employees to participate in wellness programs with the goal of improving overall employee health and reducing...more

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