Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Term
Cert. Pending
Lower Court Opinion
Questions Presented
Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence—as six circuits hold—or clear and convincing evidence, as the Fourth Circuit alone holds.
Case Updates
Cert. petition granted
June 17, 2024
U.S. Chamber files coalition amicus brief urging Supreme Court to resolve entrenched split on burden of proof for Fair Labor Standards Act’s numerous minimum wage and overtime exemptions
October 10, 2023
Click here to view the coalition amicus brief.
Steven A. Engel, Michael H. McGinley, Justin W. Aimonetti, and Anthony R. Jadick of Dechert LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.
Case Documents
- Appendix of Lower Court Opinions -- E.M.D. Sales Inc. v. Carrera (U.S. Supreme Court)
- U.S. Chamber Coalition Amicus Brief -- E.M.D. Sales Inc. v. Carrera (U.S. Supreme Court)