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NFIB Weekly News
Supreme Court Clarifies Evidentiary Standards for Small Business FLSA Disputes (01/16/2025)
E.M.D. Sales, Inc. v. Carrera concerns the standard for determining FLSA exceptions
WASHINGTON, D.C. (Jan. 16, 2025) – NFIB commends yesterday’s decision by the U.S. Supreme Court in the case E.M.D Sales, Inc. v. Faustino Sanchez Carrera. The Court determined that the “preponderance of the evidence” standard of proof applies when an employer seeks to demonstrate that an employee is exempt from the minimum wage and overtime pay provisions of the Fair Labor Standards Act (FLSA). NFIB filed an amicus brief in the case with the U.S. Chamber Litigation Center.
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