Kyle D. Winnick

2 months ago | salary.com | Noah Finkel |Kyle D. Winnick

Editor's Note Making Sense of Burdens of Proof in Employment Cases This is a nice summary of the Supreme Court's decision about what burden of proof applies to the claims and defenses in a Fair Labor Standards Act (federal wage and hour) cases. So let's talk about what burdens of proof are and why they matter. Who has the burden of proof in a lawsuit? Generally, the party making the claim has the burden of proof to bring admissible evidence that supports their claim.

Jan 17, 2025 | jdsupra.com | Noah Finkel |Kyle D. Winnick

Seyfarth Synopsis: In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the evidence standard rather than by clear and convincing evidence. In E.M.D. Sales, Inc., et al. v.

Dec 10, 2024 | jdsupra.com | Noah Finkel |Hillary Massey |Kyle D. Winnick

Seyfarth Synopsis: Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective certification in a case brought by five alleged representative plaintiffs claiming that they and thousands of others worked off-the-clock work in violation of policies expressly prohibiting it.

Jun 6, 2024 | today.westlaw.com | Kyle D. Winnick |Robert T. Szyba

Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey's Wage and Hour Law and Wage Payment Act that increase employer wage-hour liability are not retroactive. In Maia v. IEW Construction Group, the New Jersey Supreme Court...

Jun 5, 2024 | mondaq.com | Kyle D. Winnick |Robert T. Szyba

Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey's Wage and Hour Law and Wage Payment Act that increase employer wage-hour liability are not retroactive. In Maia v. IEW Construction Group, the New Jersey Supreme Court decided a critical issue in employer's favor regarding the "look-back" periods and availability of liquidated damages under New Jersey's Wage and Hour Law (WHL) and Wage Payment Act (WPA).