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 ...
Courthouse News Service

Supreme Court levels the playing field between employees and employers in overtime dispute

WASHINGTON (CN) — The Supreme Court on Wednesday repudiated a lower court ruling forcing Maryland-based international food distributor EMD Sales to meet a higher evidence standard than its sales ...
The National Law Review

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

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
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 Daily Record (Maryland)

Dissolving of protection order was wrong, court rules

PROVIDENCE, RI — Where a Superior Court judge dissolved an order of protection, the judge erred in applying a clear and convincing standard to determine whether the plaintiff had been assaulted by the ...