Supreme Court Votes 9–0 to Reject Heightened Proof Standard in Overtime Pay Disputes

The high court reversed the Fourth Circuit, which had sided with employees in July 2023, applying the tougher standard.

Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Olivier Douliery/AFP via Getty Images

The U.S. Supreme Court sided with employers, unanimously rejecting employees’ argument that employers have to meet an enhanced standard of proof to show that federal law does not require they provide overtime pay.

Justice Brett Kavanaugh wrote the court’s 9–0 opinion in E.M.D. Sales Inc. v. Carrera that was issued on Jan. 15.