FLSA

On January 15, 2025, a unanimous Supreme Court ruled that the preponderance of the evidence standard should be used by courts when determining whether an employer has proven that an employee is exempt and not eligible to be paid overtime.[1] Justice Kavanaugh began his opinion by noting that under the Fair Labor Standard Act (“FLSA”) certain categories of employees are exempt from the minimum wage and overtime pay requirements. Exempt employees “can range from baseball players to seaman to maple syrup processors to software engineers to fire fighters.” The FLSA places the burden on the employer to show that an […]

Earlier this month, the Department of Labor (DOL) issued a new final rule intended to be effective March 11, 2024 that will address when a worker can be properly classified as an independent contractor. The misclassification of workers has been an issue of concern for several years, especially for worker-right advocates, which led to new legislation being passed in Virginia and many other states.[1] On the other hand, many business groups, especially those which rely heavily on independent contractors, such as those in the trucking and construction industry, and others in the gig-economy, are concerned that the new regulations unfairly […]