In a unanimous decision on January 15, the US Supreme Court ruled that the standard of proof for employers seeking to establish an employee’s exemption under the Fair Labor Standards Act is the normal standard of proof in civil cases, i.e. preponderance of the evidence.
The Court reversed the 4th Circuit Court of Appeals which upheld a district court’s application of the higher clear and convincing evidence standard of proof. The Court explained that an FLSA exemption case does not fall under any of the exceptions to the traditional and historical burden of proof in civil cases which is the preponderance standard.
The preponderance standard enables employers to more easily establish FLSA exemptions from minimum wage and overtime rules. The exemptions include managerial, professional, and supervisory employees.
The case is E.M.D. Sales, Inc. v Carrera.
Sandberg Phoenix’s Employment and Labor Law Team has experienced attorneys who can represent and advise employers on FLSA matters as well as other labor and employment law cases.
