The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” burden of proof applies in determining whether an employee is exempt under the ...

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee ...

Any day now, the Department of Labor is expected to issue new rules proposing changes to the "white-collar" overtime pay exemptions under the Fair Labor Standards Act. The new rules likely will open ...

Human Resources works with university leadership and departments to ensure compliance with regulations and evaluate the impact on university positions. We will communicate with the proper stakeholders ...

Sid Lewis is a partner at Jones Walker and leader of the firm’s labor and employment practice group. As a labor and employment law attorney, misclassification is by far the most common mistake I see ...

The new rules likely will open the door for millions of employees to receive overtime pay as a result of a significant raise in the minimum salary required for employers to classify them exempt. Any ...

To qualify for exemption, employees generally must meet all the following tests: Duties Test - The employee's job duties must primarily involve executive, administrative or professional duties as ...