Employer Liability Issues, Fair Labor Standards Act (FLSA), Evidence

Seventh Circuit Ruling Provides Employers With Greater Leverage to Challenge Collective Actions and Limit Exposure

Hinshaw & Culbertson - Employment Law... on 9/3/2025

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more

Supreme Court Rejects Higher Evidence Standards for the FLSA

Dinsmore & Shohl LLP on 1/20/2025

The U.S. Supreme Court unanimously held that higher evidentiary standards do not apply to overtime exemption classification disputes under the Fair Labor Standards Act (FLSA)....more

US Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Morgan Lewis on 1/20/2025

The US Supreme Court issued a unanimous decision on January 15, 2025 in EMD Sales Inc. v. Carrera clarifying the evidentiary standard employers must meet to show that an employee is exempt from overtime and minimum wage...more

SCOTUS Delivers Win to Employers in Overtime Exemption Cases by Rejecting Higher Standard of Proof: Key Takeaways

Fisher Phillips on 1/16/2025

The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more

Employer’s Internal FLSA Audit Becomes Evidence in Misclassification Claim

Fisher Phillips on 5/3/2021

Wage and hour litigation remains one of the top types of litigation filed in federal courts. In 2020, in the midst of a pandemic, plaintiffs filed more than 5,000 Fair Labor Standards Act (FLSA) lawsuits. Because many of...more

Copier Victor Victorious: Sixth Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/4/2020

In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the...more

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Hinshaw & Culbertson LLP on 11/11/2014

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was...more

Employer Liability Issues › Fair Labor Standards Act (FLSA) › Evidence