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On June 27, 2025, the United States Supreme Court issued a ruling in the case of Trump v. CASA, Inc. that limited the power of federal district courts to issue universal injunctions....more
In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the...more
The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation. Nonenforcement of 2024 Mental Health Parity Regulations - Earlier...more
On February 26, 2025, the Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, which is a case that will determine whether a plaintiff bringing a so-called reverse discrimination claim (where, for...more
On Monday, the U.S. Supreme Court declined review of a First Circuit Court of Appeals decision rejecting a facial challenge to the way the Department of Labor and federal courts determine exempt versus non-exempt duties under...more
The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more
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
Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more
Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more
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
Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more
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
Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more
On January 15, 2025, the Supreme Court for the United States issued an opinion interpreting the standard of proof employers must meet to establish the applicability of an exemption to the overtime requirements of the Fair...more
A recent decision by the U.S. Supreme Court solidified the evidentiary standard of proof for federal wage law disputes where employers seek to establish their employees are appropriately classified as exempt under the Fair...more
Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D Sales,...more
In E.M.D. Sales, Inc. v. Carrera, the Supreme Court decided the burden of proof an employer must meet to prove that an employee is exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act. The...more
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
In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more
Employers may now have an easier time establishing that employees are properly classified as exempt, in light of a recent unanimous ruling from the United States Supreme Court. In E.M.D. Sales, Inc., et al. v. Carrera et...more
On January 15, 2025, the United States Supreme Court issued a rare unanimous decision clarifying the applicable standard employers must meet in cases involving exemptions under the Fair Labor Standards Act (“FLSA”). In an...more
In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the...more
On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more
On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, finally clarifying the standard of proof for employers to demonstrate an employee is properly exempt...more
Real World Impact: In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption...more