Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate ...

The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” ...

Unlike most legislation, FLSA has exempted the following categories from coverage: FLSA addresses compensation for a non-exempt employee’s travel. It specifies that time spent commuting to and from ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins Some states have laws and ethical rules regarding solicitation and ...

Under the FLSA, overtime is defined as any hours worked ... The law specifically applies to non-exempt employees, meaning that certain categories of workers, such as those in executive ...

The court said employers only have to show that workers qualify for FLSA exemptions by "a preponderance of the evidence," and not by "clear and convincing evidence" as the 4th U.S. Circuit Court ...

The U.S. Supreme Court ruled unanimously Wednesday that exemptions under the Fair Labor Standards Act (FLSA) should not require heightened evidence standards, upholding the default preponderance of ...

You can’t negotiate whether your job is exempt or nonexempt because of the terms of the FLSA. The duties you perform determine your job category regardless of your job title. An implicit cost is ...

In November 2024, EMD Sales was sued by workers in an overtime pay dispute. EMD countered the suit by saying those workers were classified as “outside salesmen,” one of several categories of workers ...