Noah Finkel

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.

Nov 20, 2024 | mondaq.com | Ariel Fenster |Adam Young |Noah Finkel

Seyfarth Synopsis: A federal district judge has vacated the entirety of the U.S. Department of Labor's 2024 rulemaking increasing the minimum salary that employers must pay to exempt executive, administrative, and professional employees. That minimum now reverts to an annualized threshold of $35,568, and $107,432 in total compensation for the highly compensated employee exemption.

Sep 13, 2024 | jdsupra.com | Ariel Fenster |Noah Finkel |A. Scott Hecker

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid and do not exceed Fair Labor Standards Act (“FLSA”) authority.