21 April 2025
Labor & Employment Law Perspectives
Supreme Court’s E.M.D. Sales v. Carrera Decision: A Victory for Employers Navigating FLSA Exemptions
In the case at issue, E.M.D. Sales, Inc. v. Carrera, the court clarified the applicable standard of proof, ruling that employers need only demonstrate by a "preponderance of the evidence," the standard used in most civil cases, that an employee qualifies for an FLSA exemption, rather than the higher more stringent "clear and convincing evidence" standard previously applied by the Fourth Circuit Court of Appeals.
