The U.S. Supreme Court recently issued an interesting employment law decision, E.M.D. Sales, Inc., et al. v. Carrera. As with the California Wage Orders and Labor Code, the FLSA contains several overtime exemptions. It is the
Articles Discussing Overtime Exemptions Under The FLSA.
Supreme Court Clarifies Standard of Proof for FLSA Exemptions
The U.S. Supreme Court unanimously ruled last week that employers do not face an unusually high standard to prove exemptions under wage and overtime laws, ending the Fourth Circuit’s stricter approach for employers in five Southeastern and mid-Atlantic states.
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 preponderance-of-the-evidence standard. In so doing, the Court rejected the heightened “clear and convincing” level of proof that the Fourth Circuit had required
SCOTUS Resolves Circuit Dispute on FLSA Evidence Standards, Clarifying Lower Evidentiary Burden for Employers
In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption from overtime pay under the Fair Labor Standards Act (FLSA).
Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a preponderance of the evidence, rejecting a higher evidentiary standard used by some
DOL Appeals Federal Court Decision That Struck Down Salary Threshold Increases for White-Collar Overtime Exemptions
The U.S. Department of Labor (DOL) is appealing a U.S. district judge’s recent ruling striking down the agency’s final rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which had authorized an increase in the white-collar minimum salary thresholds for exemption from federal overtime
Federal Court Strikes Down Biden Administration’s Overtime Rule
The post Federal Court Strikes Down Biden Administration’s Overtime Rule appeared first on Hirsch Roberts Weinstein LLP.
FLSA Salary Rule Struck Down
A Texas District Court in State of Texas v. U.S. Dep’t of Labor, struck down the U.S. Department of Labor (DOL) 2024 Final Overtime Rule, which revised the minimum salary requirement for the executive, administrative, and professional overtime exemptions (EAP Exemptions) and the highly compensated employee exemption (HCE Exemption) under the Fair Labor Standards Act (FLSA).
Federal District Court Invalidates DOL Overtime Rule
A federal district court in Texas has invalidated the U.S. Department of Labor’s (DOL) rule in its entirety which had increased the salary levels for the executive, administration, and professional employee exemptions. The ruling has immediate nationwide application. The proposed salary increases set for January 1, 2025 will not go into effect. The salary levels will revert to their pre-July 1, 2024 levels.
Texas Federal Judge Strikes Down DOL’s New Overtime Rule
On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) latest attempt to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemption, finding that the rule exceeded the agency’s statutory authority.
Federal Court Strikes Down Rule Raising Salary Threshold for White Collar Overtime Exemptions
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated and set aside the U.S. Department of Labor (DOL)’s final regulation increasing the salary threshold for the “white collar” overtime exemption under the Fair Labor Standards Act (FLSA) on a nationwide basis.
Department of Labor’s Salary-Threshold Increase Faces New Legal and Political Challenges
Texas Federal Judge Appears Poised to Strike Down DOL Overtime Rule
A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions during arguments in a challenge by the state of Texas and several business
U.S. Supreme Court considers standard for proving an FLSA exemption applies
The U.S. Supreme Court heard oral arguments on Tuesday, November 5, on the standard of proof that employers must meet to show an employee is exempt from
Overtime Exemption Rates for Computer Software Employees and Physicians in 2025
For an employee to be exempt from overtime under California law, their job must fall into a specific exempt category. The most common exemptions are for