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Last week, the Supreme Cou
rt clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA) Spoiler alert: it’s not as tough as some c
ourts thought. Why Did This Case Happen? The case involved sales representatives for
a food distribution company
who argued they were entitled to overtime pay because their work didn’t fully match the definition of an “outside salesperson.” The company argued that the stricter “clear and convincing” burden of proof used in their region was unfair. Clear and convincing is not quite “beyond a reasonable