News & Analysis as of

Fair Labor Standards Act (FLSA) Employment Litigation Compliance

Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

Whiteford on

Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

McGlinchey Stafford

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

McGlinchey Stafford on

We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more

Foley & Lardner LLP

Navigating Joint Employment: A Renewed Push to Implement a More Employer-Friendly Standard

Foley & Lardner LLP on

With a Republican-controlled Congress and White House, business lobbyists are seizing the opportunity to push for permanent clarity on the issue of joint employment. The International Franchise Association (IFA) is advocating...more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

Roetzel & Andress on

The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Fox Rothschild LLP

With Federal Funding in Flux, Some Employers May Need to Review Layoff Procedures

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Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act...more

Holland & Hart LLP

Supreme Court Clarifies Burden of Proof for Employers in FLSA Exemption Cases

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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

Mintz - Employment Viewpoints

Employer Win on FLSA Exemption Issue – Heightened Pleading Standard Rejected by High Court

The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” burden of proof applies in determining whether an employee is exempt under the federal Fair Labor...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Rejects Heightened Evidentiary Standard for FLSA Cases

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

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

Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful

On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. ...more

Stoel Rives LLP

Supreme Court Clarifies Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc. v. Carrera

Stoel Rives LLP on

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

Davis Wright Tremaine LLP

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

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

Ruder Ware

Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders

Ruder Ware on

On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the...more

Husch Blackwell LLP

Legal Insights for Manufacturing: Outlook for 2025

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Intensifying international crises, increasing regulatory burdens, and uncertain macroeconomic conditions have led to an era of caution for manufacturers, but hidden among those challenges are exciting opportunities for...more

Perkins Coie

New Series: Employment Law and the Cannabis Industry

Perkins Coie on

This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more

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