Horton Law Firm Blog Category: FLSA

SCOTUS Held Oral Arguments on Standard of Proof in FLSA Cases

by Jeremy R. Summerlin | Nov 27, 2024 | FLSA

Back in June 2024, I wrote about the latest Fair Labor Standards Act (FLSA) currently pending before the U.S. Supreme Court (SCOTUS), this time relating to the standard of proof that a company must show in order to prove that an employee is properly classified as... read more

Federal Judge Strikes Down FLSA’s Salary Threshold Increase

by Jeremy R. Summerlin | Nov 18, 2024 | FLSA

Last Friday, a federal judge in Texas issued an order striking down the U.S. Department of Labor’s new overtime rule for the salary threshold increase for overtime pay. I’ve been writing about this rule since September 2023, and it’s been a long and... read more

Retaliation for Unpaid Overtime and Minimum Wage Complaints

by Jeremy R. Summerlin | Sep 23, 2024 | FLSA, Retaliation

South Carolina employees often face retaliation for making complaints to management or HR about unpaid overtime or minimum wage under the Fair Labor Standards Act (FLSA). Some companies do not like being called out on their wage theft practices, and that can result in... read more

Court Strikes Down DOL Rule on Tip Credits

by Jeremy R. Summerlin | Sep 10, 2024 | FLSA

Two weeks ago, the federal Fifth Circuit Court of Appeals struck down one of the U.S. Department of Labor’s rules governing tipped employees and tip credits under the Fair Labor Standards Act (FLSA). (For a primer on Overtime Law for South Carolina Employees,... read more

DOL’s Salary Threshold Increase for FLSA Effective July 1, 2024

by Jeremy R. Summerlin | Jul 2, 2024 | FLSA

The U.S. Department of Labor’s new regulation–raising the salary threshold for exempt employees under the Fair Labor Standards Act–went into effect yesterday, July 1, 2024. This means that companies across the country must increase the amount of... read more

SCOTUS May Change Standard of Proof for FLSA Misclassification Claims

by Jeremy R. Summerlin | Jun 20, 2024 | FLSA

For FLSA misclassification claims, a key issue is the burden of proof. When companies hire new employees, the company will determine whether the employee is entitled to overtime pay for all hours worked over 40 in a workweek (this is called “non-exempt”)... read more

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