U.S. To High Court: 4th Circuit Adopted Wrong Standard Of Proof For FLSA Exemptions

(May 8, 2024, 11:26 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court should summarily reverse the judgment by the Fourth Circuit U.S. Court of Appeals upholding overtime pay and liquidated damages for sales representatives who alleged that they were misclassified as exempt from the Fair Labor Standards Act (FLSA) as “outside salesm[e]n” as the appellate panel’s “adoption of the clear-and-convincing-evidence standard of proof for FLSA exemptions is unreasoned and inconsistent with” Supreme Court precedent, the United States argues in a May 7 amicus curiae brief responding to a Dec. 11 invitation to file a brief extended by the high court....