No Heightened Evidentiary Bar For FLSA Exemptions: 10th Circ.

Law360, New York (July 11, 2012, 8:47 PM EDT) -- The Tenth Circuit on Wednesday tossed a verdict which awarded a man $17,440 in overtime pay under the Fair Labor Standards Act, ruling the jury was wrongly instructed that his employer had a heightened burden of proof in establishing an FLSA exemption.

In a precedential opinion, a three-judge panel held that the jury was improperly given instructions which stated that "an employer seeking an exemption from the overtime requirements of the FLSA bears the burden of proving that the particular employee fits 'plainly and unmistakably' within...
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