JD Supra

High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions

On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the ...
JD Supra

The Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases

Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from ...
Law

Supreme Court Holds That Preponderance-of-the-Evidence Standard Applies to Prove Exemptions Under the FLSA

On Jan. 15, 2025, the U.S. Supreme Court issued its unanimous opinion in E.M.D. Sales v. Carrera, holding that a preponderance-of-the-evidence standard rather than a heightened ...
CNN

What E. Jean Carroll must show to prevail in the defamation trial against Trump

The civil defamation trial of Donald Trump returns on Monday with a verdict likely this week on how much more he owes to former magazine columnist E. Jean Carroll. Carroll has to prove that she is ...
Reason

Was Justice Gorsuch thinking about Title IX in EMD Sales?

The FLSA case considers whether to apply the “preponderance of the evidence” standard or the “clear and convincing evidence” standard. If you skipped EMD Sales v. Carrera, I won't blame you. The ...
The National Law Review

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...