clear and convincing

I am fascinated by the case that the Supreme Court has announced it will take on.  The Court will decide the proper evidentiary standard that an employer must meet in

Continue Reading Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!

It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. 

Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In