On January 15, 2025, the Supreme Court reaffirmed a fundamental principle of civil litigation: the preponderance of the evidence standard remains the default unless explicitly altered by statute or constitutional mandate. In E.M.D. Sales, Inc. v. Carrera, the Court clarified this standard for exemptions under the Fair Labor Standards Act (FLSA), resolving a dispute over the appropriate burden of proof for employers claiming such exemptions.
Continue Reading Decision Alert: Supreme Court Confirms Standard of Proof for FLSA ExemptionsSupreme Court Examines Standard of Proof for FLSA Exemptions
Posted in October Term 2024
In E.M.D. Sales, Inc. v. Carrera, the Supreme Court will grapple with the question of whether the standard of proof for Fair Labor Standards Act (FLSA) exemptions is a preponderance of the evidence or clear and convincing evidence. Under the FLSA, employers must pay employees time-and-a-half for work exceeding 40 hours a week unless an exemption applies.
Continue Reading Supreme Court Examines Standard of Proof for FLSA Exemptions