The U.S. Supreme Court ruled unanimously Wednesday that exemptions under the Fair Labor Standards Act (FLSA) should not require heightened evidence standards, upholding the default preponderance of evidence standard typically used in civil trials.
Justice Brett Kavanaugh, delivering the opinion of the court, rejected the employees’ arguments for a stricter burden of proof. “After all, other workplace protections that vindicate important public interests remain subject to the preponderance standard,” Kavanaugh wrote. He emphasized that the court deviates from this standard only when a statute requires it, the Constitution mandates it, or in cases where the government takes drastic actions such as revoking citizenship.
At the core of the case, EMD Sales Inc. v. Carrera, was whether disputes over FLSA overtime exemptions should require the higher clear and convincing evidence standard. The Fourth Circuit Court had ruled that EMD Sales Inc. and its owner, Elda Devarie, failed to prove by clear and convincing evidence that three workers fell under the FLSA’s outside sales exemption.
