E.M.D. Sales, Inc. v. Carrera

In this case, the court considered this issue: 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? The case was decided on January 15, 2025. The Supreme Court held that the preponderance-of-the-evidence standard applies when an employer seeks to show that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (FLSA). Justice Brett Kavanaugh authored the unanimous opinion of the Court. The default standard of proof in American civil litigation is preponderance of the evidence, and courts only deviate from this standard in three specific circumstances: when a statute explicitly requires a heightened standard, when the Constitution requires it, or in certain rare cases where the government seeks unusual coercive action against an individual (like revoking citizenship). None of these exceptions applies to FLSA exemption cases. The FLSA itself is silent on the standard of proof, which typically means Congress intended the default preponderance standard to apply. The case does not implicate constitutional rights, and it does not involve unusual government coercion; instead, it is akin to Title VII employment discrimination cases where the Court has consistently applied the preponderance standard. Justice Neil Gorsuch authored a concurring opinion, in which Justice Clarence Thomas joined, clarifying that courts apply the default “preponderance” rule unless Congress alters it or the Constitution forbids it. The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.