In a unanimous 9-0 decision, the U.S. Supreme Court ruled in EMD Sales v. Carrera that the preponderance-of-the-evidence standard applies when an employer seeks to establish under the Fair Labor Standards Act (FLSA) that an employee is exempt from the minimum wage and overtime requirements of the FLSA. The decision reverses a Fourth Circuit Court of Appeals ruling that the FLSA requires employers to use a more onerous clear and convincing evidence standard to prevail on claims that an employee is exempt from FLSA minimum wage and overtime requirements.
