News & Updates

Fair Labor Standards Act

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

On January 15, 2025, the U.S. Supreme Court weighed in on the appropriate legal standard for reviewing certain claims made under the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, No. 23-217, 2025 WL 96207 (U.S. Jan. 15, 2025), the Court held that the “preponderance-of-the-evidence” standard applies when an employer seeks to […]

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USDOL Evaluates Changes to Overtime Regulations

USDOL Evaluates Changes to Overtime Regulations

In March of this year, President Obama instructed the USDOL Secretary to “modernize” the overtime regulations:  http://www.whitehouse.gov/the-press-office/2014/03/13/presidential-memorandum-updating-and-modernizing-overtime-regulations.  In particular, the President noted that the traditional white collar exemptions “have not kept up with our modern economy.”  As a result, the President asked that the regulations be revisited. Since that time, the USDOL has been working on […]

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USDOL Regulatory Agenda: Plan/Prevent/Protect

USDOL Regulatory Agenda:  Plan/Prevent/Protect

Employers would be interested to review the USDOL’s regulatory agenda published in Spring 2010.  In particular, employers should note the USDOL’s emphasis on proactive measures that the department would like to require employers to take before the USDOL investigator arrives.  Indeed, the USDOL’s agenda marks the end of any regulatory tolerance for what the government […]

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