Case Info: E.M.D. Sales, Inc. v. Carrera | Date Decided: 1/15/25 | Case No. 23-217

Link to Docket: Here.

Question Presented: Whether the burden of proof that employers must satisfy to demonstrate the  applicability of an FLSA exemption is a mere preponderance of the evidence-as six  circuits hold-or clear and convincing evidence, as the Fourth Circuit alone holds.

Holding: The preponderance of the evidence standard applies when an em­ployer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-pay provisions of the FLSA.

Result: Reversed and remanded.

Voting Breakdown: 9-0. Justice Kavanaugh delivered the opinion for a unanimous Court. Justice Gor­such filed a concurring opinion, in which Justice Thomas joined.

Link to Opinion: Here.

Oral Advocates:

• For petitioners: Lisa S. Blatt, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
• For respondents: Lauren E. Bateman, Washington, D. C.

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.