Client Alerts & Insights
US Supreme Court Clarifies That FLSA Worker Exemption Disputes Should Be Determined on a Preponderance-of-the-Evidence Evidentiary Standard
January 17, 2025
Authored By:
On January 15, 2025, the U.S. Supreme Court rejected the Fourth Circuit’s attempt to require an employer to meet a higher evidentiary standard to establish that its workers fell under one of the Fair Labor Standards Act (FLSA) overtime exemptions. Instead, the Supreme Court ruled in favor of an employer, EMD Sales Inc., on a certiorari bid that courts should use the standard preponderance-of-the-evidence burden of proof, rather than the more onerous clear-and-convincing-evidence burden of proof, when determining FLSA overtime exemption status of workers.
EMD Sales Inc. v. Carrera involved a group of sales representatives who sued their employer on the grounds that the employer had improperly classified them as exempt from overtime pay under the FLSA. The FLSA requires all employers to pay its workers time-and-a-half overtime premiums, unless the worker qualifies for an exemption based on salary and other factors. In EMD Sales Inc., the employer classified workers as exempt under the “outside sales exemption,” an exemption that applies to workers who primarily make sales and work away from the employer’s place of business.
The Fourth Circuit upheld a lower court’s ruling that employers are required to use a heightened standard of proof—that of clear-and-convincing-evidence—to show FLSA exemption status. In American civil litigation, the baseline burden of proof is that of a “preponderance-of-the-evidence,” meaning that more likely than not, the evidence would prove the claim at issue. A clear-and-convincing-evidence standard, in contrast, would mean that it is highly and substantially more likely than not that the evidence would prove the claim at issue, in other words highly probable. In EMD Sales Inc., the Fourth Circuit’s ruling would require the employer to provide evidence showing a high probability that the disputed employees fell under the outside sales exemption. This was a departure from other circuit courts.
The Supreme Court decided unanimously that the “preponderance-of-evidence” standard is sufficient for determining FLSA worker classification disputes. The higher evidentiary standard is only used when a statute requires it, when the Constitution requires it, or in rare situations “involving coercive Government action.” The FLSA does not provide for this higher standard. The Supreme Court reasoned that, even if it were to accept the premise that the FLSA’s focus is to uphold the public interest in an economy that guarantees workers fair wages, this does not warrant a clear and convincing standard, especially given that the preponderance of evidence standard applies in Title VII cases. Thus, it rejected the Fourth Circuit’s attempt to institute a higher standard for employers.
For more information, contact an attorney in Benesch’s Labor & Employment Practice Group.
Eric Baisden is a Partner and Co-Chair of Benesch’s Labor & Employment Practice Group. He can be reached at 216.363.4676 or ebaisden@beneschlaw.com.
Yelena Katz is a Partner of the Labor & Employment Practice Group. She can be reached at 216.363.4405 or ykatz@beneschlaw.com.
Elsa Schulz is an Associate of the Labor & Employment Practice Group. She can be reached at 312.506.3423 or eschulz@beneschlaw.com.
Latest News
D.C. Circuit Rejects DOE’s Use of Emergency Authority to Prevent Coal Plant Retirement
The D.C. Circuit vacated the Department of Energy’s order compelling continued operation of Michigan’s J.H. Campbell coal plant under DOE’s emergency authority, finding that Section 202(c) is a narrow, last-resort power reserved for immediate grid-reliability emergencies, not longer-term resource planning.
New BIS “Affiliates Rule” Compliance Date is November 10 Unless Suspended by U.S.-China Truce
A new party screening requirement will soon impact compliance of international dealings unless the U.S. Department of Commerce’s Bureau of Industry and Securities (“BIS”) issues a second extension of its effective date.
California’s New AI Law: What Legal Departments and Outside Counsel Need to Know
Newly enacted California Senate Bill 574 regulates how attorneys use generative AI by amending the California Code of Civil Procedure and requiring attorneys to personally verify every citation, whether sourced from AI or otherwise. It also holds law firms jointly responsible for sanctionable violations by their attorneys. The bill added a new section to the California Code of Civil Procedure (§ 1282.1), barring arbitrators from delegating their decision-making to generative AI.
Beyond Allulose: What Comes Next in Sugar-Related False Advertising Litigation?
The Franco decision has given plaintiffs a potential roadmap for challenging “Sugar Free,” “Zero Sugar” and similar claims when FDA guidance and existing regulations do not fully align.