Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Decision Alert: Supreme Court Confirms Standard of Proof for FLSA Exemptions

By Chantel Febus, James Azadian, Mark Magyar & Christopher Sakauye on February 18, 2025
Email this postTweet this postLike this postShare this post on LinkedIn

On January 15, 2025, the Supreme Court reaffirmed a fundamental principle of civil litigation: the preponderance of the evidence standard remains the default unless explicitly altered by statute or constitutional mandate. In E.M.D. Sales, Inc. v. Carrera, the Court clarified this standard for exemptions under the Fair Labor Standards Act (FLSA), resolving a dispute over the appropriate burden of proof for employers claiming such exemptions.

As summarized in Dykema’s December 2024 edition, Petitioner E.M.D. Sales, Inc. (EMD) is a Maryland-based company that distributes products to independent and chain stores across the Washington, D.C., metropolitan area. The respondents, three current and former EMD sales representatives, alleged they were owed overtime under the FLSA.

The question before the Court was whether EMD needed to prove the sales representatives were exempt from the FLSA under a preponderance of the evidence standard or a clear and convincing standard.

In an eight-page opinion written by Justice Kavanaugh, the Court unanimously held that preponderance of the evidence is the correct standard. The Court reasoned that the FLSA does not specify a standard of proof for exemptions, and when a civil statute is silent, courts typically apply the preponderance standard. The Court emphasized that this standard remains the default in American civil litigation unless otherwise provided by statute or the Constitution. The Court rejected arguments for a heightened standard, finding that no constitutional principle or statutory language requires a greater burden of proof in the case and that there was no coercive or unusual government action at play to justify a departure from the default preponderance standard. The Court also noted that similar workplace protections, such as those under Title VII, apply the preponderance standard. 

In a concurring opinion joined by Justice Thomas, Justice Gorsuch acknowledged common-law principles may require a heightened standard of proof. But he agreed that courts must apply the default standard unless the legislature or the Constitution states otherwise.

Takeaways

  • The ruling benefits employers seeking to establish FLSA exemptions, as they need to meet the preponderance standard, rather than a heightened burden of proof.
  • More broadly, the decision sets a clear precedent that federal courts will default to the preponderance standard in civil cases, whether presenting federal-law or state-law claims, unless the law instructs otherwise or the case involves unusual or coercive government action.

For more information, please contact Chantel Febus, James Azadian, Mark Magyar, or Christopher Sakauye.

Photo of Chantel Febus Chantel Febus

Chantel Febus is a Member in Dykema’s Washington, D.C., Office and serves as the firm’s Head of East Coast Appeals. As a Member of the Appellate and Critical Motions, Business Litigation, and Government Investigations and Corporate Compliance practices, Chantel partners with clients to

…

Chantel Febus is a Member in Dykema’s Washington, D.C., Office and serves as the firm’s Head of East Coast Appeals. As a Member of the Appellate and Critical Motions, Business Litigation, and Government Investigations and Corporate Compliance practices, Chantel partners with clients to navigate novel legal issues and emergent legal challenges.

Read more about Chantel FebusEmail
Show more Show less
Photo of James Azadian James Azadian

James Azadian is a Member in Dykema’s Los Angeles and Washington, D.C., offices and serves as the firm’s West Coast Appellate Chair and co-leader of the nationwide Appellate and Critical Motions Practice. Jimmy specializes in complex federal and state court commercial litigation raising…

James Azadian is a Member in Dykema’s Los Angeles and Washington, D.C., offices and serves as the firm’s West Coast Appellate Chair and co-leader of the nationwide Appellate and Critical Motions Practice. Jimmy specializes in complex federal and state court commercial litigation raising cutting-edge and core business issues, the First Amendment to the Constitution, Article I of the California Constitution, and the application of California’s anti-SLAPP statute in federal court.

Read more about James AzadianEmail
Show more Show less
Photo of Mark Magyar Mark Magyar

At both the trial and appellate levels, Mark Magyar combines a thorough analysis of the facts and law with determined advocacy and personal commitment to obtaining favorable outcomes in a wide range of commercial and business disputes. Mark’s focus on the issues and…

At both the trial and appellate levels, Mark Magyar combines a thorough analysis of the facts and law with determined advocacy and personal commitment to obtaining favorable outcomes in a wide range of commercial and business disputes. Mark’s focus on the issues and arguments that matter while dispensing with those that distract or delay facilitates efficient resolutions that save his clients time, money, and disruption.

Read more about Mark MagyarEmail
Show more Show less
Photo of Christopher Sakauye Christopher Sakauye

Chris Sakauye represents insurers in complex coverage matters. He is adept at assessing and applying current and developing trends in case law across all 50 states. His experience on a nationally recognized trial team also gives him unique insight into the pressure points…

Chris Sakauye represents insurers in complex coverage matters. He is adept at assessing and applying current and developing trends in case law across all 50 states. His experience on a nationally recognized trial team also gives him unique insight into the pressure points that bring difficult cases to quick and efficient resolutions.

Read more about Christopher SakauyeEmail
Show more Show less
  • Posted in:
    Appellate and Supreme Court, Employment & Labor
  • Blog:
    Last Month at the Supreme Court
  • Organization:
    Dykema
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo