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E.M.D. Sales, Inc., et al., Petitioners v. Faustino Sanchez Carrera, et al.

  1. November 05, 2024

    Justices Appear Wary Of Higher FLSA Evidence Standards

    The U.S. Supreme Court seemed skeptical of heightened evidence standards for the Fair Labor Standards Act overtime exemptions during oral arguments Tuesday, grilling workers' counsel about why such wage rights are more important than others.

  2. November 01, 2024

    Up Next At High Court: Fed Funds And Securities Risks

    The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.

  3. October 23, 2024

    Wage Disputes Don't Call For Stricter Standard, Justices Told

    The U.S. Supreme Court should stick to the preponderance of the evidence standard in wage and hour cases in which courts have to deem whether workers are overtime-exempt, a food distributor said, arguing that that has been the long-used standard.

  4. October 08, 2024

    3 Wage Cases To Watch As Justices Return To Bench

    The U.S. Supreme Court is set to hear arguments regarding the overtime exemption for outside sales employees, and the justices are also weighing petitions related to federal contract worker minimum wage and California’s worker classification law. As the justices return to the bench, here are wage and hour cases before them.

  5. September 25, 2024

    Workers Tell Justices OT Carveout Calls For Higher Standard

    A stricter standard requiring employers to prove by clear and convincing evidence that their employees are overtime-exempt is necessary to maintaining federal labor law's public purpose, a group of sales representatives for an international food distributor told the U.S. Supreme Court.

  6. September 04, 2024

    Biden Admin May Help High Court Soften Wage-Hour Rights

    An employer-friendly argument the U.S. Department of Justice made in an overtime cased is part of the chorus of reasons to think the U.S. Supreme Court will continue retreating from interpreting the Fair Labor Standards Act in employees' favor, attorneys told Law360.

  7. August 21, 2024

    Gov't Urges Justices To Apply Broader Proof In OT Carveouts

    Employers should support that their employees are overtime-exempt through the more stable and long-used preponderance-of-the-evidence standard, the government told the U.S. Supreme Court, saying that a stricter test goes against the court's precedent.

  8. August 20, 2024

    Chamber Urges Justices To Keep Broader Proof In OT Case

    The U.S. Chamber of Commerce told the U.S. Supreme Court that forcing employers to prove by clear and convincing evidence that their employees are overtime-exempt would shake up civil litigation, supporting an international food distributor's efforts for courts to stick to a broader standard.

  9. August 15, 2024

    Orgs Tell Justices Stricter Proof Bar Isn't In OT Carveout

    Two legal services organizations told the U.S. Supreme Court that holding employers to a higher standard to prove their employees are overtime-exempt would break a legislative balance and clash with federal law, backing an international food distributor's challenge to a Fourth Circuit ruling.

  10. August 15, 2024

    Justices Urged Not To Apply Higher Standard To OT Carveout

    An international food distributor told the U.S. Supreme Court that subjecting employers to a higher standard in order to claim that certain workers are overtime-exempt under the Fair Labor Standards Act would have serious ramifications in employment law, urging the justices to follow Congress' directions.

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