U.S. As Amicus Tells High Court No Heightened Standard To Prove FLSA Exemption

(August 28, 2024, 8:11 AM EDT) -- WASHINGTON, D.C. — The preponderance-of-the-evidence standard applies where employers are proving that employees are exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements; the heightened standard of clear and convincing evidence applies only where “the individual interests at stake in a proceeding are particularly important,” the United States argues in an amicus brief filed in the U.S. Supreme Court supporting a food distributor and its CEO....