Supreme Court clarifies overtime standard of proof

On January 15, 2025, the U.S. Supreme Court in E.M.D. Sales, Inc. v. Carrera rejected a heightened standard of proof for showing employees are exempt from overtime under the Fair Labor Standards Act (FLSA). The Court’s decision makes it easier for employers to show employees aren’t eligible for overtime.

Writing for a unanimous court, Justice Brett Kavanaugh held that because the law is silent on the standard of proof, a preponderance-of-the-evidence standard typically applies. Under that standard, employers must show that it is more likely than not an employee is exempt from the overtime rules. The employees in the case argued that the higher clear-and-convincing standard was necessary to vindicate federal workers' protections, but the Court rejected that standard.

Former Rep. Chavez-DeRemer nominated for DOL Secretary

Representative Lori Chavez-DeRemer has been nominated to be the Secretary of the Department of Labor (DOL). Teamsters President and Trump supporter Sean O’Brien had recommended her. She was one of only three House Republicans to cosponsor the union’s top legislative priority, the Protecting the Right to Organize (PRO) Act.

Chavez-DeRemer’s nomination ties into Vice President JD Vance’s and Missouri Senator Josh Hawley’s support for a lighter version of the PRO Act. However, conservative Republicans have pushed her to  renounce her support for the PRO Act before they agree to vote for her. If confirmed, she will be more labor-friendly than either of the two DOL Secretaries who served during the first Trump administration.