Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Supreme Court hears EMD Sales v. Carrera in dispute over standard of proof for FLSA exemptions
Summary
In EMD Sales v. Carrera, petitioners argued the Fair Labor Standards Act's exemptions should be judged by a preponderance of the evidence while respondents urged a clear-and-convincing standard because of the statute's remedial goals and nonwaivability; the case was submitted for decision.
The Supreme Court heard oral argument in EMD Sales v. Carrera on Dec. 5, 2025, over whether employers must prove exemptions to the Fair Labor Standards Act by a preponderance of the evidence or by the higher clear-and-convincing standard. Miss Blatt, counsel for the petitioner, told the justices that "for over a century, this court has held that the default standard in civil cases is preponderance of the evidence," and that nothing in the statute's text suggests Congress intended a heightened standard for any of the Act's exemptions.
Miss Blatt argued the court below applied the wrong standard and urged remand so the district court can determine in the first instance whether the record supports an exemption under the preponderance standard. She pointed to…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat