“Navigating FLSA Exemptions: Understanding the Preponderance of Evidence Standard,” HR Daily Advisor, written by Partner Edwin Cruz and Jaelyn Harrington, (Attorney, Bar Admission Pending) 3-11-2025

The Supreme Court’s recent opinion in E.M.D. Sales Inc. et al. v. Carrera et al., No. 23-217, 2025 WL 96207 (U.S. Jan. 15, 2025) provides clarity for employers navigating the complexities of exemptions to the Fair Labor Standards Act (FLSA). This ruling set the “preponderance of the evidence” standard as the benchmark for proving exemptions, offering employers a more predictable and manageable framework for compliance and litigation.

Kaufman Dolowich’s Edwin Cruz and Jaelyn Harrington (attorney, bar admission pending) discuss in the HR Daily Advisor this recent ruling and how the “preponderance of the evidence” standard—not the heightened “clear and convincing evidence” standard—is the appropriate burden of proof for employers seeking to establish FLSA exemptions.

Read more at the full article here.