Supreme Court to Review Evidence Standards for Employers in Overtime Exemption Cases

Published on June 19, 2024

The Supreme Court has agreed to consider the standards of evidence for employers trying to prove their workers should not qualify for overtime pay and other legal protections provided by U.S. wage laws. The court granted the petition June 17 for certiorari, or review, in E.M.D. Sales Inc. v. Carrera in an unsigned order. No justices dissented. The Court did not explain its decision. At least four of the nine justices must vote to grant a petition for it to advance to the oral argument stage. The federal Fair Labor Standards Act (FLSA), which covers more than 140 million workers, guarantees eligible employees a minimum wage and overtime pay....

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