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Burden of Proof Non-Exempt Employees Fair Labor Standards Act (FLSA)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more

Epstein Becker & Green

Fifth Circuit Concludes Employees Must Prove That a Bonus Payment Should Be Included in FLSA Regular Rate

Epstein Becker & Green on

In a case of first impression for the Fifth Circuit Court of Appeals, a Fifth Circuit panel has ruled that it is the employee, not the employer, who has the burden to establish that bonus payments are non-discretionary and,...more

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