Plain-English summary
Court rules employers must meet 'preponderance of the evidence' to prove FLSA exemptions
In E.M.D. Sales v. Carrera (Docket No. 23-217), the Supreme Court unanimously held that when an employer claims a worker falls into an exemption from the Fair Labor Standards Act’s minimum-wage and overtime rules, the employer must prove that claim by a preponderance of the evidence. The case was reversed and remanded to the Fourth Circuit.
Why this matters
This decision clarifies who bears the burden and how strongly employers must prove that workers fall into one of the FLSA’s many exemptions. It affects thousands of wage-and-hour disputes across the country by shaping which party is likely to prevail when exemption status is contested, and it can influence settlement decisions, litigation strategy, and the enforcement of wage protections.
Who may feel it
- Private-sector employees covered by the FLSA who may be classified as exempt (executives, professionals, outside sales,)
- Employers who claim FLSA exemptions for workers
- Labor lawyers and courts handling wage-and-hour disputes
- State and federal labor regulators and enforcement agencies
Key questions
- What evidentiary standard applies when an employer seeks to prove that a worker falls within an exemption to the FLSA’s minimum-wage and overtime protections?