E.M.D. Sales, Inc., et al., Petitioners v. Faustino Sanchez Carrera, et al.

  1. September 04, 2024

    Biden Admin May Help High Court Soften Wage-Hour Rights

    An employer-friendly argument the U.S. Department of Justice made in an overtime cased is part of the chorus of reasons to think the U.S. Supreme Court will continue retreating from interpreting the Fair Labor Standards Act in employees' favor, attorneys told Law360.

  2. August 21, 2024

    Gov't Urges Justices To Apply Broader Proof In OT Carveouts

    Employers should support that their employees are overtime-exempt through the more stable and long-used preponderance-of-the-evidence standard, the government told the U.S. Supreme Court, saying that a stricter test goes against the court's precedent.

  3. August 20, 2024

    Chamber Urges Justices To Keep Broader Proof In OT Case

    The U.S. Chamber of Commerce told the U.S. Supreme Court that forcing employers to prove by clear and convincing evidence that their employees are overtime-exempt would shake up civil litigation, supporting an international food distributor's efforts for courts to stick to a broader standard.

  4. August 15, 2024

    Orgs Tell Justices Stricter Proof Bar Isn't In OT Carveout

    Two legal services organizations told the U.S. Supreme Court that holding employers to a higher standard to prove their employees are overtime-exempt would break a legislative balance and clash with federal law, backing an international food distributor's challenge to a Fourth Circuit ruling.

  5. August 15, 2024

    Justices Urged Not To Apply Higher Standard To OT Carveout

    An international food distributor told the U.S. Supreme Court that subjecting employers to a higher standard in order to claim that certain workers are overtime-exempt under the Fair Labor Standards Act would have serious ramifications in employment law, urging the justices to follow Congress' directions.

  6. June 18, 2024

    High Court May Help Employers Claiming Overtime Exemption

    The U.S. Supreme Court's decision this week to review evidentiary standards in wage and hour cases is likely to result in a ruling amplifying the justices' 2018 precedent that statutory exemptions from overtime should be construed fairly, rather than narrowly

  7. June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  8. May 20, 2024

    Food Co. Workers Tell High Court to Keep 4th Circ. OT Ruling

    Sales workers for an international food distributor urged the U.S. Supreme Court on Monday not to review a Fourth Circuit ruling holding that they did not qualify for overtime exemption, saying it would be a waste of the high court's time and resources to mull an inconsequential question.

  9. May 07, 2024

    DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling

    Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.

  10. December 11, 2023

    Justices Seek DOJ's Take On Clinching Wage-Hour Carveout

    The U.S. Supreme Court called for the views of the solicitor general in a wage and hour case from a supermarket distributor, asking the U.S. Department of Justice on Monday to comment on the standard by which an employer must demonstrate workers are exempt from overtime.