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U.S. Supreme Court

Case Status

Pending

Docket Number

Term

Cert. Pending

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Questions Presented

Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence—as six circuits hold—or clear and convincing evidence, as the Fourth Circuit alone holds.

Case Updates

U.S. Chamber files coalition amicus brief urging Supreme Court to resolve entrenched split on burden of proof for Fair Labor Standards Act’s numerous minimum wage and overtime exemptions

October 10, 2023

Click here to view the coalition amicus brief.

Steven A. Engel, Michael H. McGinley, Justin W. Aimonetti, and Anthony R. Jadick of Dechert LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.

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