Supreme Court of the United States · Official docket →
E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1897, 21-1924 · judgment July 27, 2023
Before the decision, about 11.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a circuit split argued in the petition.
Question presented
The Fair Labor Standards Act (FLSA) covers more than 140 million workers and guarantees eligible workers a minimum wage and overtime pay. But the FLSA also contains 34 exemptions from those requirements. Employers do not have to pay overtime to, e.g., bona fide executives, agricultural workers, and outside salesmen. See 29 U.S.C. § 213(a)-(b). The question presented is: Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence-as six circuits hold-or clear and convincing evidence, as the Fourth Circuit alone holds.
Counsel of record
For petitioner
Lisa S. Blatt
Williams & Connolly LLP
For respondent
Lauren Elizabeth Bateman
Public Citizen
Case
Conference history
Distributed for 5 conferences
Amicus briefs
3 cert-stage · 6 merits
(6 supporting pet./neither)
Argument & decision
Argued November 5, 2024 — Lisa S. Blatt · Lauren E. Bateman. Audio and transcript
Decided January 15, 2025. Opinion by Kavanaugh.
Proceedings
- Feb 18 2025Judgment Issued.
- Jan 15 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined.
- Nov 05 2024Argued. For petitioners: Lisa S. Blatt, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lauren E. Bateman, Washington, D. C.
- Oct 22 2024Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
- Oct 15 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Oct 01 2024CIRCULATED
- Sep 25 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Sep 24 2024Brief of respondents Faustino Sanchez Carrera, et al. filed.
- Aug 20 2024Brief amicus curiae of United States filed.
- Aug 19 2024Brief amici curiae of The Local Government Legal Center, et al. filed.
- Aug 19 2024Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Aug 19 2024Brief amici curiae of National Assoc. of Wholesaler-Distributors, et al. filed.
- Aug 14 2024Brief amicus curiae of Washington Legal Foundation filed.
- Aug 14 2024Brief amicus curiae of New England Legal Foundation filed.
- Aug 13 2024Brief of petitioners E.M.D. Sales, Inc., et al. filed.
- Aug 09 2024Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
- Aug 06 2024Record requested from the United States Court of Appeals for the Fourth Circuit.
- Jul 26 2024SET FOR ARGUMENT on Tuesday, November 5, 2024.
- Jul 22 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Jul 02 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 13, 2024. The time to file respondents' brief on the merits is extended to and including September 24, 2024.
- Jun 25 2024Motion to dispense with printing the joint appendix filed by petitioners E.M.D. Sales, Inc., et al.
- Jun 25 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 17 2024Petition GRANTED.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- May 21 2024DISTRIBUTED for Conference of 6/6/2024.
- May 21 2024Supplemental brief of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
- May 20 2024Supplemental brief of respondents Faustino Sanchez Carrera, et al. filed. (Distributed)
- May 07 2024Brief amicus curiae of United States filed.
- Dec 11 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Nov 13 2023Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
- Nov 07 2023Brief of respondents Faustino Sanchez Carrera, et al. in opposition filed.
- Oct 12 2023Response Requested. (Due November 13, 2023)
- Oct 11 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Oct 06 2023Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
- Oct 03 2023Waiver of right of respondent Faustino Sanchez Carrera, et al. to respond filed.
- Sep 05 2023Petition for a writ of certiorari filed. (Response due October 10, 2023)