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On Monday, the Supreme Court agreed to review and establish the burden of proof that employers must satisfy to demonstrate the applicability of an overtime exemption under the Fair Labor Standards Act.
Both the petitioning employer and the United States agree that employers must demonstrate that an FLSA exemption applies by the preponderance of the evidence, not with clear and convincing evidence.
Yes, you read that correctly: an employer and the United States agree on FLSA minutiae.
Or, perhaps this burden of proof is a big deal.
Proving that something is true by the preponderance of the evidence merely requires