Opinion Summary: E.M.D. Sales, Inc. v. Carrera | Date Decided: 1/15/25 | Case No. 23-217

The question presented in this case 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.

The Supreme Court held: 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.