
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 overtime requirements under the Fair Labor Standards Act (FLSA). The Court held employers need only prove employees meet an FLSA exemption by a preponderance of the evidence (more likely true than not), rejecting the Fourth Circuit’s use of the higher “clear-and-convincing-evidence” standard. This ruling carries significant implications for employers in the context of employee classification and defending against unpaid overtime claims.