Ted Hollis Shares Insight in HR Dive Article About Supreme Court Case on FLSA Overtime Evidence Standard
An article in HR Dive on a U.S. Supreme Court case about the evidence standards for the overtime exemptions in the Fair Labor Standards Act (FLSA) included perspective from Ted Hollis, a Quarles & Brady Labor & Employment partner, on the potential implications of the case.
The court heard oral arguments in E.M.D. Sales Inv. v. Carrera, which centers around claims by three sales representatives that they were not properly paid for overtime work and whether or not FLSA’s clear and convincing evidence standard should apply rather than the default preponderance of evidence standard.
In the article, Hollis explained how the case could impact future overtime exemption disputes. An excerpt:
The outcome of the case could weigh heavily on how overtime exemption disputes will be resolved on the merits, Ted Hollis, partner at Quarles & Brady told HR Dive in an email. It could also affect the stages at which such disputes are resolved.
“If a clear and convincing standard applies then many more cases may be [driven] to an early settlement or trial, whereas a preponderance of the evidence standard means summary judgment is more likely to be granted and employers may have less incentive to settle early in litigation,” Hollis said.