A unanimous Supreme Court on Wednesday held that FLSA exemptions are proved using the preponderance-of-the-evidence standard, not the clear-and-convincing evidence standard. EMD Sales v. Carrera (US S Ct 01/15/2024) [PDF]

The case involved sales representatives who claimed they were denied overtime payments. The employer argued they were outside salesmen and therefore exempt. The trial court—using the clear and convincing evidence standard—found they were not exempt.

The Supreme Court reversed in a unanimous opinion. Now the case goes back to district court to re-decide the issue.