On June 17, 2024, the Supreme Court agreed to hear an important case about the burden of proof in FLSA cases. This was welcome news for WLF, which filed an amicus brief urging review of a Fourth Circuit decision holding that employers must prove the applicability of FLSA exemptions by clear and convincing evidence. WLF’s brief argued that the Fourth Circuit’s outlier rule flouts the Supreme Court’s Encino Motorcars decision. WLF’s brief also explained why this case is important. FLSA exemptions are frequently litigated and the burden of proof is often outcome determinative.
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