Document Type
Article
Publication Date
11-2024
College/Unit
WVU College of Law
Department/Program/Center
WVU College of Law
Abstract
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.
Original Publication Title
PREVIEW of United States Supreme Court Cases
Digital Commons Citation
Anne Marie Lofaso, What Standard of Proof Must Employers Satisfy to Demonstrate the Applicability of a Fair Labor Standards Act Exemption?, 52 PREVIEW of United States Supreme Court Cases 10 (2024).
Source Citation
Anne Marie Lofaso, What Standard of Proof Must Employers Satisfy to Demonstrate the Applicability of a Fair Labor Standards Act Exemption?, 52 PREVIEW of United States Supreme Court Cases 10 (2024).
Comments
Posted with permission from the copyright owner.