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On June 14, the U.S. Supreme Court agreed to decide an important Fair Labor Standards Act (FLSA) question—namely, whether an employer claiming an exemption from overtime needs to prove it by “clear and convincing” evidence (a very high standard) or by a preponderance of the evidence (a lower, easier standard to meet). The decision is important. If the standard is clear and convincing evidence, then employers will find it much more difficult to establish an exemption and will end up paying overtime to many more employees. Read on.
The FLSA covers most of the U.S.