High Proof Burden Serves Wage Law Purpose, Workers Tell Justices

The heightened proof standard one circuit imposes on employers who seek to use a federal overtime exemption for outside salespeople serves the wage-and-hour law’s purpose of improving labor conditions, workers told the US Supreme Court.

The clear-and-convincing-evidence standard is consistent with both the Fair Labor Standards Act and high court precedent, according to the workers’ Tuesday brief. Even if the Supreme Court nixes the heightened requirement, employer EMD Sales Inc. still can’t satisfy the alternative preponderance-of-the-evidence standard, the brief said.

Three of the food and wine distributor’s sales representatives are set to defend their US Court of Appeals for ...