In E.M.D. Sales, Inc. v. Carrera (No 23-217), the Supreme Court addressed a circuit split as to the evidentiary standard that applies when an employer argues that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (“FLSA”). A unanimous Court agreed with the majority of lower courts that this issue should be resolved under the same “preponderance-of-the-evidence”
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Ariela Anhalt
Ariela is Counsel in Wiggin and Dana’s Litigation Department, where she focuses her practice on appellate and complex civil litigation.
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