On January 15, 2025, the U.S. Supreme Court unanimously held that employers need to prove the applicability of Fair Labor Standards Act exemptions by a preponderance of the evidence. The decision was a victory for WLF, which argued in an amicus brief that the U.S. Court of Appeals for the Fourth Circuit erred by applying the clear and convincing evidence standard. WLF’s brief argued that the Fourth Circuit’s rule relied on the principle that FLSA exemptions must be construed narrowly. But the Supreme Court’s Encino Motorcars decision rejected that principle. WLF’s brief also explained why the Fourth Circuit’s holding conflicts with the history and purpose of the FLSA.
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