The U.S. Supreme Court unanimously ruled that employers need not demonstrate by “clear and convincing evidence” that a worker is exempt from the Fair Labor Standards Act’s (“FLSA”) overtime requirements. The Supreme Court held that the ordinary “preponderance of the evidence standard” applies to such determinations. While this ruling speaks to the evidentiary standard for such determinations, it does, in a very real and practical sense, represent a lower bar for employers litigating such cases.
Business Takeaway: While this rejection of a higher evidentiary standard is considered a win for employers, remember that the “preponderance of the evidence” standard still does require that employers provide sufficient evidence to demonstrate the exempt nature of the position at issue. Contact us at 414-446-8800 or info@goldsteins.com if you have questions regarding FLSA exemptions in your workforce.