Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
E.M.D. Sales, Inc. v. Carrera (Labor / Overtime Wages)
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.
