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Supreme Court of the United States › Burden of Proof › Employment Litigation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foley & Lardner LLP

Supreme Court’s E.M.D. Sales v. Carrera Decision: A Victory for Employers Navigating FLSA Exemptions

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A January 15, 2025, U.S. Supreme Court opinion brought welcome news for employers defending claims of worker exempt status misclassification under the Fair Labor Standards Act (FLSA). In the case at issue, E.M.D. Sales, Inc....more

Rumberger | Kirk

No Extra Hurdles for Employers Claiming Overtime Exemptions: High Court Rules FLSA Does Not Require Stricter Evidence Standards

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In a unanimous opinion decided January 15, 2025, E.M.D. Sales, Inc., v. Carrerra et al., the U.S. Supreme Court ruled that the less stringent preponderance of evidence standard, instead of the clear and convincing evidence...more

Ice Miller

Employers Take Note: The “Background Circumstances” Rule in Reverse Discrimination Cases May Soon be a Thing of the Past

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On February 26, 2025, the Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, which is a case that will determine whether a plaintiff bringing a so-called reverse discrimination claim (where, for...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of the United States Poised to Clarify Standard in Discrimination Claims

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On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could alter the legal landscape for employment discrimination claims under Title VII of the Civil...more

Venable LLP

Supreme Court Clarifies Burden of Proof for FLSA Exemptions

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On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more

Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

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Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more

Lerch, Early & Brewer

Supreme Court Clarifies Burden for Employers Seeking to Establish That Employees are Exempt From Minimum Wage Requirements

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In a decision which should provide some comfort to employers, the Supreme Court recently held in E.M.D. Sales, Inc., et. al. vs. Carrera, et. al. that employers do not have a higher burden of proof demonstrating that an...more

Holland & Hart LLP

Supreme Court Clarifies Burden of Proof for Employers in FLSA Exemption Cases

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Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more

Robinson Bradshaw

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

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On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair...more

Clark Hill PLC

Supreme Court Clarifies Burden of Proof in FLSA Exemption Cases, Leaves Key Questions Unanswered

Clark Hill PLC on

On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor Standards Act (“FLSA”) by a...more

Miles & Stockbridge P.C.

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Miles & Stockbridge P.C. on

Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

Parker Poe Adams & Bernstein LLP

Supreme Court Clarifies Standard of Proof for FLSA Exempt Status

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Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more

Perkins Coie

The US Supreme Court Addresses the Standard of Proof for Exemptions Under the FLSA

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The Supreme Court of the United States rejected a higher standard of proof for employers to demonstrate that an employee is exempt under the Fair Labor Standards Act (FLSA), providing clarity for FLSA disputes across the...more

Jackson Walker

Supreme Court Lowers Burden of Proof for FLSA Overtime Exemptions

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On January 15, 2025, the Supreme Court for the United States issued an opinion interpreting the standard of proof employers must meet to establish the applicability of an exemption to the overtime requirements of the Fair...more

Husch Blackwell LLP

Supreme Court Clarifies Standard of Proof for FLSA Exemptions

Husch Blackwell LLP on

On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that an employee is exempt from the minimum wage and...more

Cole Schotz

U.S. Supreme Court Issues Key Decision on FLSA Burden of Proof

Cole Schotz on

On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...more

Stoel Rives LLP

Supreme Court Clarifies Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc. v. Carrera

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On January 15, 2025, the United States Supreme Court issued a rare unanimous decision clarifying the applicable standard employers must meet in cases involving exemptions under the Fair Labor Standards Act (“FLSA”). In an...more

Polsinelli

Supreme Court Unanimously Clarifies Burden of Proof for FLSA Exemptions

Polsinelli on

On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, finally clarifying the standard of proof for employers to demonstrate an employee is properly exempt...more

FordHarrison

SCOTUS Resolves Circuit Dispute on FLSA Evidence Standards, Clarifying Lower Evidentiary Burden for Employers

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Real World Impact:  In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption...more

Jackson Lewis P.C.

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

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Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more

Sands Anderson PC

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

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Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Will Consider Whether Employers Have Heightened Burden for Demonstrating Overtime Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more

Miller Canfield

Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration Agreement

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In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more

Polsinelli

Supreme Court Discards the Prejudice Requirement for Waiving Delayed Arbitration

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Earlier this week, the Supreme Court unanimously held in Morgan v. Sundance that litigants are no longer required to show prejudice when opposing a party’s delayed attempt to compel arbitration. Previously, an Eighth Circuit...more

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