E.M.D. Sales v. Faustino Sanchez Carrera
In brief
Employers can prove an FLSA exemption using the ordinary civil standard: that it is more likely than not to apply.
- Where it stands
- Decided
Decided 9-0 · January 15, 2025 · Opinion by Justice Kavanaugh
- What it’s about
- The Supreme Court unanimously ruled that employers must prove an employee falls under a Fair Labor Standards Act exemption by a preponderance of the evidence, rather than the higher clear and convincing evidence standard.
- Who it affects
- The decision gives employers a lower proof burden than the clear-and-convincing standard used by the Fourth Circuit. It affects workers and employers litigating whether jobs, such as outside sales positions, are exempt from overtime pay.
Summary: written with AI from the case record.
What it's about
The case arose when sales representatives sued a food distributor for unpaid overtime, and the employer argued they were exempt as outside salesmen.
The Court applied the usual civil-case proof standard to disputes over exemptions from the federal wage-and-hour law.
Question presented
Is the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption a mere preponderance of the evidence or clear and convincing evidence?
What the Court decided
Holding
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. 75 F. 4th 345, reversed and remanded.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 8joined the Court's opinion
- Concurring · 1agreed with the result, wrote separately
- Gorsuchwrote separately
From the opinions
“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.”
What's next
The case returns to the lower courts, which must apply the preponderance standard. Employers and workers in FLSA overtime disputes will use that standard when contesting exemptions.
Documents
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Audio Recording added: Oral Arguments - Carrera
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More questions
- What did the Supreme Court rule in E.M.D. Sales?
- The Court said employers must prove FLSA exemptions by a preponderance of the evidence, not by clear and convincing evidence.
- Who won E.M.D. Sales?
- The employer prevailed on the legal question. The Court reversed the Fourth Circuit and sent the case back for further proceedings.
- What does E.M.D. Sales mean for workers and employers?
- Employers have a lower burden when arguing that workers are exempt from minimum-wage or overtime protections. Workers can still challenge whether an exemption applies.
- Is the preponderance standard still the law after E.M.D. Sales?
- Yes. The Court unanimously said the preponderance-of-the-evidence standard applies to employers seeking to prove FLSA exemptions.
- What happens next in E.M.D. Sales?
- Lower courts must reconsider the dispute using the preponderance standard. The parties may continue litigating whether the sales representatives were exempt outside salesmen.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.