• 23-217 E.M.D. Sales, Inc. v. Carrera [11/05/24]

  • Nov 23 2024
  • Length: 10 mins
  • Podcast

23-217 E.M.D. Sales, Inc. v. Carrera [11/05/24]

  • Summary

  • The case E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. The central issue concerns the appropriate standard of proof—preponderance of the evidence versus clear and convincing evidence—for determining whether employees fall under an exemption from the Fair Labor Standards Act's overtime requirements. The Petitioners argue for the default preponderance standard, while the Respondents advocate for a heightened standard, citing the importance of FLSA protections and the potential for employer manipulation of evidence. The Justices' questions explore the implications of various standards and the Court's precedents regarding proof standards in similar cases. The arguments address whether the public interest warrants a departure from the typical preponderance standard and the implications for both employers and employees.

    Show More Show Less

What listeners say about 23-217 E.M.D. Sales, Inc. v. Carrera [11/05/24]

Average Customer Ratings

Reviews - Please select the tabs below to change the source of reviews.

In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.