Recently the U.S. Department of Labor (DOL) responded to a request for an opinion clarifying how tipped employees can meet the 7(i) exemption.
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 ...
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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 ...
On Jan. 15, 2025, the U.S. Supreme Court issued its unanimous opinion in E.M.D. Sales v. Carrera, holding that a preponderance-of-the-evidence standard rather than a heightened ...
The Supreme Court unanimously held that employers need only show by a "preponderance of the evidence" that a worker is exempt from the Fair Labor Standards Act. A unanimous U.S. Supreme Court on ...