Justices Take Up Company’s Wage Exemption Proof Burden Challenge

EMD Sales Inc. convinced the US Supreme Court to weigh in on the burden of proof that companies must meet to take advantage of Fair Labor Standards Act exemptions, as the justices granted review Monday.

The food products wholesaler and distributor urged the high court to resolve a circuit split over whether companies hoping to show their workers are exempt from FLSA overtime protections must put forth clear and convincing evidence or meet a lesser burden of preponderance of the evidence.

The Supreme Court sought the US Solicitor General’s views on the case in 2023. The US Court of Appeals ...