JD Supra

High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions

On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the ...
JD Supra

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

In an eleven-page unanimous opinion in E.M.D. Sales, Inc. v. Carrera, the Supreme Court resolved the conflict between the U.S. Circuit Courts of Appeal over what standard of proof applies when ...
Inside Higher Ed

Burden of Proof in the Balance

In 2011, the Department of Education’s Office for Civil Rights issued a Dear Colleague letter that urged institutions to better investigate and adjudicate cases of campus sexual assault. The letter ...
Law

Supreme Court Holds That Preponderance-of-the-Evidence Standard Applies to Prove Exemptions Under the FLSA

On Jan. 15, 2025, the U.S. Supreme Court issued its unanimous opinion in E.M.D. Sales v. Carrera, holding that a preponderance-of-the-evidence standard rather than a heightened ...
Reason

Was Justice Gorsuch thinking about Title IX in EMD Sales?

The FLSA case considers whether to apply the “preponderance of the evidence” standard or the “clear and convincing evidence” standard. If you skipped EMD Sales v. Carrera, I won't blame you. The ...
The National Law Review

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

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