🚨 Breaking News for Employers: The U.S. Supreme Court delivers a unanimous ruling preserving the preponderance of the evidence standard for employers defending against claims under the Fair Labor Standards Act (FLSA). Here’s what you need to know about E.M.D. Sales, Inc. v. Carrera: ✅ Employers need only prove an FLSA exemption applies by a…
On November 5, the United States Supreme Court heard oral arguments in E.M.D. Sales, Inc. v. Carrera, a case addressing the evidentiary standard an employer must meet to establish whether an exemption under the Fair Labor Standards Act (FLSA) applies. The FLSA governs minimum wage and overtime requirements. Employees eligible for overtime must receive it…
The regulations governing tipped employees and the employer’s ability to claim a “tip credit” under the Fair Labor Standards Act (FLSA) have undergone significant changes over the years, with the 80/20 rule at the center of these developments. A recent decision by the Fifth Circuit Court of Appeals has further upended this regulatory landscape, offering…
North Carolina and Florida are still dealing with the aftermath of Hurricane Helene. Hurricane Milton is about to hit Florida. In both states, flooding is rampant, and many are still waiting rescue from the water. An unidentified number of businesses are also underwater and unable to resume normal operations, that’s likely to get worse after…
A recent ruling by the U.S. Court of Appeals for the Fifth Circuit strengthens the Department of Labor’s (DOL) authority to use salary levels to determine exemptions from federal overtime pay requirements. Background The case stems from a challenge to a 2019 overtime rule, which set the salary threshold for exempt workers at $35,568 per…