Employment Law

Employee Compensation

In an FLSA case, who has the burden of proof to show that an employee is exempt from the overtime pay benefit?

Employers have the burden of proof to prove by clear and convincing evidence that an employee fits into an exemption, relieving the employer of having to pay overtime. For example, if an employer claims that an executive secretary fits within a FLSA exemption, the employer must show that the employee performed managerial and administrative duties, as opposed to mostly clerical duties. If an employee performs primarily clerical duties and secretarial work, a jury may find that the employee was entitled to overtime pay.


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