The workers originally filed their lawsuit in 2017, leading to a 2021 ruling by U.S. District Judge James K. Bredar of Maryland that they were not exempt from overtime due to their primary duties.
EMD Sales Inc. and Devarie were represented by attorneys from Williams & Connolly LLP and Stein Sperling Bennett De Jong Driscoll PC. The workers were represented by Public Citizen Litigation Group and Melehy & Associates LLC.
The case reaffirms that disputes over FLSA exemptions will continue to be resolved under the preponderance of evidence standard, aligning the statute with other workplace laws. The case is EMD Sales Inc. et al. v. Carrera et al., case number 23-217, in the U.S. Supreme Court.
