E.M.D. Sales, Inc. v. Carrera
View Official PDFSummary
A short, plain-English overview of E.M.D. Sales, Inc. v. Carrera.
The Supreme Court reviewed whether the clear-and-convincing-evidence standard or the preponderance-of-the-evidence standard should apply when employers claim an exemption from the Fair Labor Standards Act (FLSA) overtime-pay requirements. The Court determined that the preponderance-of-the-evidence standard is appropriate in such cases, as the FLSA does not specify a heightened standard and is similar to Title VII employment-discrimination cases. The case was reversed and remanded for further proceedings.
Holding
The single most important “bottom line” of what the Court decided in E.M.D. Sales, Inc. v. Carrera.
The Court held that the preponderance-of-the-evidence standard applies when an employer seeks to demonstrate that an employee is exempt from the FLSA's minimum-wage and overtime-pay provisions.
Key Quotes
Short excerpts from the syllabus in E.M.D. Sales, Inc. v. Carrera that support the summary and concepts above.
The preponderance-of-the-evidence standard applies when an employer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-pay provisions of the FLSA.
The FLSA does not specify a standard of proof for exemptions, and when a civil statute is silent, courts typically apply the preponderance standard.
Whether the employees would fail to qualify as outside salesmen even under a preponderance standard is left for the Court of Appeals on remand.
