TBA Law Blog


Posted by: Azya Thornton on Jan 27, 2025

The U.S. Supreme Court has rejected a heightened standard of proof for showing workers are exempt from the Fair Labor Standards Act’s overtime rules, making it easier for employers to prove that employees are not entitled to overtime protections, Bloomberg Law reports. Justice Brett Kavanaugh wrote for the unanimous court that when a law is silent on the standard of proof, the preponderance-of-the-evidence standard typically applies. Under that standard, employers must show that it is more likely than not that an employee is exempt from the overtime rules. The case resolved a lopsided circuit split in which most courts agreed the default preponderance rule was appropriate. The court sent the case back to the U.S. Court of Appeals for the 4th Circuit to apply the correct standard.