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Supreme Court Holds FLSA Exemptions Do Not Require Heightened Evidence Standards

By Michael J. Slocum & Kristin Spallanzani on February 7, 2025
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United States Supreme Court Building in Washington, DC-shutterstock_1055600819

The U. S. Supreme Court unanimously decided in E.M.D. Sales, Inc. v. Carrera that the standard of “preponderance of the evidence” is to be used in cases where an employer claims an employee is exempt from overtime eligibility under the Fair Labor Standards Act (FLSA).

Link to Click here to read the full GT Alert. Click here to read the full GT Alert.

Photo of Michael J. Slocum Michael J. Slocum

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail,

…

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions.

Michael has written and spoken numerous times on a multitude of issues facing employers in diverse industries. In addition to many client alerts and online articles, Michael was a contributing author to “Avoiding Liability for Unconscious Bias and Subtle Discrimination” published in the New Jersey Law Journal in December 2008, as well as a chapter on the False Claims Act in the 2010 edition of “Health Law and Compliance Update.” Michael was a speaker at a September 2008 seminar “The New Jersey FCA: Perspectives and Insight,” as well as the firm’s May 2013 “Taking Care of Business: An Annual Update on Labor and Employment Law” seminar. More recently, Law 360 published Michael’s article “NYC Earned Sick Time Act May Hit Small Business Hardest” in May 2014, and his article “NJ Supreme Court Reaffirms ‘Faithless Servant’ Doctrine” in November 2015. Michael also authored “EEOC Proposes Collecting Pay Data to Combat ‘Pay Discrimination,’” published by the New Jersey Law Journal in March 2016, and well as “Revisiting the Great Joint Employment Debate,” published by the New Jersey Law Journal in April 2018.

Prior to joining the firm, Michael practiced in the litigation department of a national firm focused on labor and employment matters in the life sciences industry, where he served as Editor of that firm’s “False Claims Act Quarterly.” He has experience representing clients at the trial and appellate levels in state and federal courts, as well as before a variety of state and federal administrative agencies.

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Photo of Kristin Spallanzani Kristin Spallanzani

Kristin Spallanzani represents employers and management in employment-related litigation and commercial litigation in both state and federal courts. She also counsels clients on a wide range of employment issues, including hiring and termination procedures, performance management, employee discipline, and employee leave issues, and…

Kristin Spallanzani represents employers and management in employment-related litigation and commercial litigation in both state and federal courts. She also counsels clients on a wide range of employment issues, including hiring and termination procedures, performance management, employee discipline, and employee leave issues, and presents trainings to employees, including on sexual harassment. Kristin routinely represents employers before the U.S. Equal Employment Opportunity Commission and state agencies.

Concentrations

  • New Jersey Law Against Discrimination
  • Conscientious Employee Protection Act
  • Family Leave Act
  • Americans with Disabilities Act
  • Title VII of the Civil Rights Act
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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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