SCOTUS to weigh in on burden needed to prove FLSA exemptions

On June 17, the U.S. Supreme Court (SCOTUS) agreed to hear a recent decision from the U.S. 4th Circuit Court of Appeals (whose rulings apply to all employers in West Virginia) that requires employers to produce more convincing evidence when proving their workers qualify for exemptions under the Fair Labor Standards Act (FLSA). By hearing this case, SCOTUS will resolve a split among the federal circuit courts. This article will explore the current law in the 4th Circuit and briefly discuss why the Court’s decision to hear this case is so timely.

Background

The FLSA is the federal law that ensures employees are paid the federal minimum wage and receive overtime pay for any time worked over 40 hours during the workweek. The FLSA covers most workers unless they qualify for one of the statute’s many exemptions, which means the employees wouldn’t be subject to the Act’s minimum wage and/or overtime pay requirements.

For example, Section 13(a)(1) of the FLSA exempts employees who perform certain primary duties and earn a certain salary per week. Many refer to these as the “white-collar exemptions.” It’s important to note that employers claim an exemption and have the burden of proving it applies. However, just how much proof employers need to offer remains unsettled in the federal courts.

Circuit split