Initially, the ultimate burden shifted to defendants in cases in which the employer admitted it considered a discriminatory reason for the adverse employment action.

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy ...

The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that ...

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The employer’s burden of proof. ... Our employment law and all other enabling legal provision tend to favour the employee in moments like this. For instance, Section 74 (1) ...