Supreme Court Clarifies Evidence Standard for FLSA Exemptions

Skip Sperry January 17, 2025Blog 1 Comment

On January 15, 2025, the U.S. Supreme Court unanimously ruled that employers must demonstrate an employee’s exemption from the Fair Labor Standards Act (FLSA) using the preponderance of the evidence standard, aligning with the approach of six other circuit courts.

Key Points:

Preponderance of the Evidence Standard: This standard requires employers to show that it is more likely than not that an employee qualifies for an exemption under the FLSA.

New Overtime Rule Effective January 1, 2020

Skip Sperry December 10, 2019Blog 1 Comment

On September 24, 2019, the Department of Labor announced its final updates to the “white collar” overtime exemption rules. These new rules go into effect on January 1, 2020. These rules affect, among others, administrative, executive, and professional employees who may be exempt from overtime payments if certain conditions are met. The updates to the exemption conditions include:

Raising the standard salary condition from $455 per week to $684 per week ($35,568.00 per year for full time workers);

Federal Court Invalidates DoL’s Proposed Overtime Rule

Skip Sperry September 6, 2017Blog Leave a Comment

In November 2016, a federal district court in Texas granted a preliminary injunction against the imposition of the Department of Labor’s effort to change the white collar exemptions to overtime rules. The rule would have effectively doubled the salary requirement to maintain an exemption: from $455 per week to $913 per week.

The DoL appealed the injunction, but on August 31, 2017, it lost its appeal on summary judgment. Further, and more importantly,

Start Your Overtime Exemption Analyses Now!

Skip Sperry October 26, 2015Blog Leave a Comment

On July 1, 2015, I informed you that the Department of Labor was initiating a change to the white collar exemption regulations and beginning a public comment period. As the DoL reviews tens of thousands of comments on its proposed changes to the White Collar Exemptions, employers should begin analyzing their exempt positions to determine whether they will still be exempt from overtime after the rule is inevitably issued.