What is an Employer’s Burden of Proof in a FLSA Case?

 Posted on May 19, 2025 in Employer Defense

In America, there are several laws in place to protect employees as well as employers. One example is the federal Fair Labor Standards Act (FLSA), which mandates that employers adhere to certain requirements, including paying all non-exempt employees at least the federal minimum wage and providing overtime pay after more than 40 hours of work per week. The key is the word exempt: employers need not follow FLSA when it comes to exempt employees–those who make a certain minimum salary and perform duties that tend to be of a more executive or professional nature. 

However, the penalties for wrongly classifying an employee as exempt under FLSA can be steep, and doing so can lead to lawsuits. The question is: how does an employer prove that an employee is exempt in these FLSA cases? An experienced Schaumburg, IL employment law attorney can advise employers on their burden of proof in FLSA litigation. 

What Is the Burden of Proof for Employers in a FLSA Case?

In an FLSA lawsuit, the employer has the burden of proof to show that the employee qualifies for an exemption. In other words, the employer must prove that the employee was exempt from FLSA and that not paying that employee for overtime work was not a violation of the law. 

In the January 2025 case E.M.D. Sales, Inc. v. Faustino Sanchez Carrera, the United States Supreme Court clarified that the employer’s burden of proof in an FLSA case is and always has been by a preponderance of the evidence. This is a lower and easier-to-meet burden than the clear and convincing evidence burden.

What Does the Lowered FLSA Burden of Proof Mean for Employers?

This is good news for employers. What it means is that employers now have an easier time showing that they correctly classified an employee as exempt, and therefore an easier time prevailing in FLSA litigation. Nevertheless, employers must still ensure their compliance with FLSA, including by maintaining accurate job descriptions, auditing exempt classifications, and ensuring there is a compliance plan in place. 

Call a Schaumburg, IL Employment Law Attorney for Employers

At The Miller Law Firm, P.C., we represent employers in FLSA litigation. If you are an employer seeking skilled counsel, the experienced Schaumburg, IL employer’s burden of proof attorney is available to represent you. Attorney Richard Miller holds an MBA in finance in addition to his law degree and can be reached for a complimentary consultation at 847-995-1205.