Search a title or topic

Over 20 million podcasts, powered by 

Player FM logo
Artwork

Content provided by Jake Leahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jake Leahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.
Player FM - Podcast App
Go offline with the Player FM app!

E.M.D. Sales, Inc. v. Carrera (Labor / Overtime Wages)

6:16
 
Share
 

Manage episode 461606562 series 2286679
Content provided by Jake Leahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jake Leahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

Send us a text

E.M.D. Sales, Inc. v. Carrera (Decided January 15, 2025)
In E.M.D. Sales, Inc. v. Carrera, the Supreme Court considered the standard of proof employers must meet to classify employees as exempt from the Fair Labor Standards Act's (FLSA) overtime-pay provisions.

The case arose when sales representatives sued E.M.D. Sales, alleging they were improperly denied overtime pay under the FLSA. E.M.D. argued that the employees were exempt as "outside salesmen," but the lower courts required "clear and convincing evidence" to prove the exemption. The Supreme Court held that the correct standard is the usual "preponderance of the evidence" used in civil litigation unless a statute or constitutional principle demands otherwise.

The Court reversed and remanded, clarifying that the preponderance standard applies when an employer seeks to demonstrate an FLSA exemption.

Justice Kavanaugh delivered the opinion for a unanimous Court, with a concurrence by Justice Gorsuch joined by Justice Thomas.

  continue reading

500 episodes

Artwork
iconShare
 
Manage episode 461606562 series 2286679
Content provided by Jake Leahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jake Leahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

Send us a text

E.M.D. Sales, Inc. v. Carrera (Decided January 15, 2025)
In E.M.D. Sales, Inc. v. Carrera, the Supreme Court considered the standard of proof employers must meet to classify employees as exempt from the Fair Labor Standards Act's (FLSA) overtime-pay provisions.

The case arose when sales representatives sued E.M.D. Sales, alleging they were improperly denied overtime pay under the FLSA. E.M.D. argued that the employees were exempt as "outside salesmen," but the lower courts required "clear and convincing evidence" to prove the exemption. The Supreme Court held that the correct standard is the usual "preponderance of the evidence" used in civil litigation unless a statute or constitutional principle demands otherwise.

The Court reversed and remanded, clarifying that the preponderance standard applies when an employer seeks to demonstrate an FLSA exemption.

Justice Kavanaugh delivered the opinion for a unanimous Court, with a concurrence by Justice Gorsuch joined by Justice Thomas.

  continue reading

500 episodes

All episodes

×
 
Loading …

Welcome to Player FM!

Player FM is scanning the web for high-quality podcasts for you to enjoy right now. It's the best podcast app and works on Android, iPhone, and the web. Signup to sync subscriptions across devices.

 

Copyright 2025 | Privacy Policy | Terms of Service | | Copyright
Listen to this show while you explore
Play