News & Analysis as of

Department of Labor (DOL) › Evidentiary Standards

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

Beltway Buzz - June 2025 #2

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

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Tucker Arensberg, P.C.

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

Tucker Arensberg, P.C. on

The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the...more

Robinson Bradshaw

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

Robinson Bradshaw on

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair...more

Cole Schotz

U.S. Supreme Court Issues Key Decision on FLSA Burden of Proof

Cole Schotz on

On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...more

Dorsey & Whitney LLP

The Supreme Court Update - January 15, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: E.M.D. Sales, Inc. v. Carrera, No. 23-217: This case concerns the standard of proof that an employer must meet to show an exemption applies to the Fair...more

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

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

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

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Bradley Arant Boult Cummings LLP

That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption

Bradley Arant Boult Cummings LLP on

By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025...more

Fox Rothschild LLP

Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!

Fox Rothschild LLP on

I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in order to establish that employees are exempt under Part...more

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