This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court,
Labor/Employment

Feb. 13, 2025

Supreme Court eases path for employers in exemption battles

The U.S. Supreme Court's unanimous decision in E.M.D. Sales, Inc. v. Carrera establishes that employers asserting exemptions under the Fair Labor Standards Act (FLSA) need only meet the preponderance of the evidence standard, simplifying the burden of proof and providing greater clarity for businesses across jurisdictions.

Rebecca Lynn Stuart

Partner, Sidley Austin LLP

Email: REBECCA.STUART@SIDLEY.COM

Shutterstock

On Jan. 15, 2025, the United States Supreme Court delivered a unanimous decision in E.M.D. Sales, Inc. v. Carrera, clarifying the evidentiary standard employers must meet when asserting exemptions under the Fair Labor Standards Act (FLSA). The Court held that employers need only prove the applicability of an FLSA exemption by a preponderance of the evidence, rejecting the higher clear and convinc...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up