In E.M.D. Sales, Inc. v. Cabrera, the Supreme Court unanimously held that a preponderance of the evidence standard applies when an employer must demonstrate that its employees were correctly classified as exempt from the minimum-wage and overtime-pay requirements of the Fair Labor Standards Act (“FLSA”). That’s good news for employers and bad news for the group of sales representative employees who brought the suit seeking large sums of overtime pay, arguing that the more onerous clear and convincing evidence standard applied.
Read the full post on the Gulf Coast Business Law Blog here.
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