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);

United States House Passes Comp Time Bill 1180

Skip Sperry May 4, 2017Blog Leave a Comment

This week, the United States House of Representatives passed House Bill 1180, which would allow private employers to offer employees compensatory time off (“comp time”) in lieu of paying them overtime for hours worked in excess of forty in any one workweek. Under this bill, comp time could be accrued at 1.5 hours for each hour of overtime worked in a workweek. Most public sector employees have had this benefit since 1985.

H.R. 6030 “Pay Equity for All Act of 2016” Introduced in the House

Skip Sperry September 16, 2016Blog Leave a Comment

On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:

Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history

It shall be an unlawful practice for an employer to—

(1) screen prospective employees based on their previous wages or salary histories,