News & Analysis as of July 30, 2025

Employees

+ Follow

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

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

Supreme Court Decides E.M.D. Sales, Inc. v. Carrera

Faegre Drinker Biddle & Reath LLP on 1/16/2025

On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

Sheppard Mullin Richter & Hampton LLP on 3/16/2023

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Third Circuit Court of Appeals Will Determine Whether Student Athletes Can Be Classified as ‘Employees’ Under FLSA

Steptoe & Johnson PLLC on 3/25/2022

Since last year’s significant SCOTUS decision in Alston curtailing the NCAA’s ability to limit student athlete compensation for certain educational benefits, the landscape continues to shift in unprecedented ways. Now, the...more

5 Results

View per page