Public Employees, Overtime, and the Fair Labor Standards Act

Public employees in California are not covered by many of the state’s wage and hour laws. However, generally speaking, they are covered by the Fair Labor Standards Act, or FLSA. In January 2025, the United States Supreme Court clarified the burden of proof that employers must meet in order to show that employees are exempt from the minimum wage and overtime provisions of the FLSA.

In E.M.D. Sales, Inc. v. Carrera (2025) No. 23-217, the Supreme Court was faced with the following question: do employers need to meet a heightened burden of proof to show that an employee is exempt from the FLSA’s minimum wage and overtime provisions, or is such a claim subject to the “preponderance of the evidence” standard.

The Supreme Court began its analysis with the history of the FLSA, which was enacted in 1938, and pointed out that employers who claim that an employee is exempt from the act have the burden of showing that such an exemption applies. It then considered whether the district court’s holding, that in order to meet that burden, the employer had to show “clear and convincing evidence” that an employee was exempt.

The Supreme Court then noted that the FLSA did not specify the standard of proof for such exemptions. In such cases, courts normally apply the less stringent preponderance of the evidence standard. Furthermore, the Court concluded that FLSA cases of this sort did not involve constitutional rights requiring a heightened standard of proof. Finally, other workplace protections, such as discrimination claims, are subject to the preponderance of the evidence standard.

For all of these reasons, the Supreme Court concluded that the preponderance of the evidence standard applied to employers’ claims that employees are exempt from the minimum wage and overtime provisions of the FLSA. This will make it more difficult for employees, including public employees, to bring such claims going forward.

If you are a public employee with questions about your rights at work, including questions involving overtime, feel free to contact Hunter Pyle Law PC to make use of our free and confidential intake process. We can be reached at (510) 444-4400 or at inquire@hunterpylelaw.com.