Minimum Wage, Exempt-Employees, Appeals

Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees

Jackson Lewis P.C. on 4/30/2025

Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...more

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

Butler Snow LLP on 2/19/2025

Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more

Supreme Court Lowers Burden of Proof for FLSA Overtime Exemptions

Jackson Walker on 1/23/2025

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

Supreme Court Clarifies Burden of Proof Standard for FLSA Claims

Vedder Price on 1/20/2025

Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to...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

U.S. Supreme Court Confirms that Employers Are Not Subject to Heightened Standard in Proving Compliance with Federal Overtime and...

Pullman & Comley - Labor, Employment and... on 1/20/2025

The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938. It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

Jackson Lewis P.C. on 1/16/2025

Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more

Eleventh Circuit Concludes that Property Damage Investigators Do Not Fall Under FLSA’s Administrative Exemption

Littler on 7/5/2022

In Fowler v. OSP Prevention Group, Inc., the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards...more

Key California Employment Law Cases: January 2019

Payne & Fears on 2/26/2019

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

Fisher Phillips on 6/21/2018

We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Pennsylvania Supreme Court Is Asked to Hear Employer Appeal in State Minimum Wage Act Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/5/2018

On December 22, 2017, a three-judge panel of the Superior Court of Pennsylvania ruled two to one that the Pennsylvania Minimum Wage Act (PMWA), 43 P.S. Secs. 333.101-333.115, requires payment of a higher rate for each...more

USDOL Submits Arguments In Salary Appeal

Fisher Phillips on 7/4/2017

The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the...more

Many Home Companionship Workers No Longer Exempt

Franczek P.C. on 9/24/2015

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

Fenwick Employment Brief - June 2014

Fenwick & West LLP on 6/18/2014

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

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