Courthouse Steps Oral Argument: E.M.D. Sales, Inc. v. Carrera

E.M.D. Sales, Inc. v. Carrera concerns what standard the court should apply in cases of exceptions to the Fair Labor Standards Act. This act governs such limitations as hours worked, overtime pay, and working conditions across the United States. Several provisions within it exempt certain industries from some requirements, and this case deals with the burden of proof on a corporation to prove that an employee should be exempt from these rules.

The plaintiffs in this case are two employees of a food distribution company, who sued for overtime benefits citing the Fair Labor Standards Act. The company argued that their positions were those of salesmen, who are normally exempted from overtime pay rules. The plaintiffs allege that making sales was a secondary part of their numerous responsibilities that were not overtime exempt. The district court agreed that E.M.D failed to prove a sales exemption, and the Fourth Circut Court of Appeals affirmed.

Currently, the case is before the Supreme Court, with oral arguments on November 5th. Join Michael O'Neill, Vice President of Legal Affairs at Landmark Legal Foundation, and Cheryl Stanton, Chief Legal and Government Affairs Officer at BrightStar Care, as they review oral arguments and discuss this case and its implications.

Featuring:

• Michael J. O'Neill, Vice President of Legal Affairs, Landmark Legal Foundation
• (Moderator) Cheryl M. Stanton, Chief Legal and Government Affairs Officer, BrightStar Care

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.