Oral Argument: E.M.D. Sales, Inc. v. Carrera | Case No. 23-217 | Date Argued: 11/5/24

Case Info: E.M.D. Sales, Inc. v. Carrera | Case No. 23-217 | Date Argued: 11/5/24 | Date Decided: 1/15/25 Link to Docket: Here . Background: The Fair Labor Standards Act (FLSA) covers more than 140 million workers and guarantees eligible workers a minimum wage and overtime pay. But the FLSA also contains 34 exemptions from those requirements. Employers do not have to pay overtime to, e.g., bona fide executives, agricultural workers, and outside salesmen. See 29 U.S.C. § 213(a)-(b). The question presented is: 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. 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: 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 Opinion Summary: Here . Apple Podcast Link to Opinion Summary: Here .