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 InThe issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing
Continue Reading Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!
I have followed and blogged on this case for some time. As I had thought, the U.S. Supreme Court ruled that the Ninth Circuit’s decision, i.e. allowing OT pay
Continue Reading U.S. Supreme Court Rebukes USDOL In Vacating Ninth Circuit Service Adviser Holding
I have blogged on this topic before and I look forward with great interest as to what the ultimate decision will be. Evidently, during the oral argument before it, the
Continue Reading Supreme Court Hears Arguments On Exempt Status of Car Dealership Service Advisers
Exemption issues are very tricky and very fact sensitive. Given that, courts in different jurisdictions can come down differently on the same issue and then the US Supreme Court is
Continue Reading You Need Brakes and Tires! Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers