HIGHLIGHTS

“On January 15, 2025, in E.M.D. Sales, Inc. v. Carrera,[1] Justice Kavanaugh issued the Supreme Court’s unanimous opinion rejecting arguments in favor of a heightened “clear and convincing evidence” standard for proving exceptions to overtime requirements under the Fair Labor Standards Act (“FLSA”) The question presented to the Court was whether this higher standard should apply to overtime exemption classification disputes instead of the default “preponderance of the evidence” standard. The Court concluded that even though the FLSA aims to protect workers and ensure fair wages, such public policy considerations had no bearing on the applicable standard of proof.”