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Wage and Hour › Employees › Evidence

Mayer Brown

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

Mayer Brown on

On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

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

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

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

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Rejects Heightened Evidentiary Standard for FLSA Cases

Nelson Mullins Riley & Scarborough LLP on

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

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

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