On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision held that the “preponderance of the evidence” standard – rather than the more onerous “clear and convincing” standard – applies when an employer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-wage provisions of the FLSA.