On October 6, 2023, WLF urged the Supreme Court to hear an important case about the burden of proof in FLSA cases. Splitting from six other courts of appeals, the Fourth Circuit held that employers must prove the applicability of FLSA exemptions by clear and convincing evidence. WLF’s brief argues that this holding flouts the Supreme Court’s Encino Motorcars decision. The Fourth Circuit’s rule relied on the principle that FLSA exemptions must be construed narrowly. But Encino Motorcars rejected that principle. WLF’s brief also explains why this case is important. FLSA exemptions are frequently litigated and the burden of proof is often outcome determinative. A circuit applying the wrong burden of proof in FLSA actions is particularly bad because of the statute’s loose venue provision.

On December 11, 2023, the Supreme Court invited the Solicitor General to file a brief expressing the government’s views on this petition for certiorari.


WLF amicus brief