This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
EMD argued that the sales representatives were outside salesmen and therefore exempt from the Fair Labor Standards Act’s overtime‑pay requirement.
Justice Gorsuch, in a concurrence, held that the preponderance‑of‑the‑evidence standard applies when an employer seeks to show that an employee is exempt from the minimum‑wage and overtime provisions of the FLSA.
Background and question before the Court
The case, docket No. 23‑217, was granted certiorari from the United States Court of Appeals for the Fourth Circuit, was argued on November 5, 2024, and decided on January 15, 2025.
What each side argues
EMD
EMD argued that the sales representatives were outside salesmen and therefore exempt from the Fair Labor Standards Act’s overtime‑pay requirement.
What happened at oral argument
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 8f649d334cdd12619a3a-r1-3b868b2090060159.pdfopinion
- e21a7cb61e63d91c6315-r1-c99fa41efdbae8a0.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.