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Wage and Hour › Pleading Standards › Employees

Mintz - Employment Viewpoints

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

Mintz - Employment Viewpoints on

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

Littler

Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims

Littler on

Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the...more

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