General
Supreme Court Rules on FLSA Evidence Standards in Overtime Exemption Case
The U.S. Supreme Court unanimously ruled Wednesday that disputes over Fair Labor Standards Act (FLSA) exemptions do not require heightened evidence standards. Justice Brett Kavanaugh, writing for the court, rejected employees’ arguments for a “clear and convincing evidence” standard, reaffirming that the preponderance of evidence standard is appropriate in civil litigation unless explicitly altered by statute, constitutional requirements, or precedent involving severe government actions. The case, EMD Sales Inc. v. Carrera, centered on whether a higher standard should apply in...
