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Collective Actions › Preponderance of the Evidence

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

Constangy, Brooks, Smith & Prophete, LLP on

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

Hinshaw & Culbertson LLP

New Statutory Framework Mandated for Employers Seeking to Limit Notice to Putative Class Members in an Enforceable Arbitration...

Hinshaw & Culbertson LLP on

The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more

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