West Virginia University College of Law professor Anne Marie Lofaso recently published in the ABA's PREVIEW of United States Supreme Court Cases. Professor Lofaso comments on an upcoming employment law case, E.M.D. Sales, Inc. v. Carrera, Docket No. 23-217, which was heard on November 5, 2024. The article is titled "What Standard of Proof Must Employers Satisfy to Demonstrate the Applicability of a Fair Labor Standards Act Exemption?" Professor Lofaso's contribution appears in volume 52, issue 2 of the journal, published in November 2024.
Case at a Glance:
Employees of E.M.D. Sales, Inc., an international food distributor, sued E.M.D., alleging that it violated the Fair Labor Standards Act (FLSA) when it withheld overtime wages from these employees. As an affirmative defense, E.M.D. asserted that the employees were FLSA‑exempted outside salesmen. This case asks the Court to determine whether employers must use the preponderance-of-the-evidence standard or the clear-and-convincing evidence standard to prove the applicability of an exemption under the FLSA.
Find more of Professor Lofaso's scholarship on SSRN.