E.M.D. SALES, INC., et al., v. CARRERA, et al.

  • Supreme Court of the United States
  • Filed
  • Updated

Case Movement

Case Details

  • Case Status: Ongoing
  • Docket Number: 23-217
  • Category: Workforce and Benefits

Issue

What is the correct standard of proof for employers claiming an exemption from the FLSA’s overtime compensation requirements.

October 10, 2023

The Restaurant Law Center and others filed an amicus curiae urging the U.S. Supreme Court to review a decision by the Fourth Circuit. The Fourth Circuit held that employers must prove their entitlement to an exemption from the FLSA’s overtime compensation requirements “by clear and convincing evidence.” Other circuits, in accordance with the default rule in civil litigation, have uphold the “preponderance of the evidence” standard.