E.M.D. Sales, Inc. v. Carrera
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-217 | 4th Cir. | Nov 5, 2024 | Jan 15, 2025 | 9-0 | Kavanaugh | OT 2024 |
Holding: The preponderance-of-the-evidence standard applies when an employer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on January 15, 2025. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined.
SCOTUSblog Coverage
- Court schedules first cases for 2024-25 term (Amy Howe, July 26, 2024)
- Supreme Court adds four cases to next term's docket (Amy Howe, June 17, 2024)
- Six cases to look out for (John Elwood, June 13, 2024)
- Justices won't hear "conversion therapy" case (Amy Howe, December 11, 2023)
- Tribal self-governance at center of dispute over federal health care costs (Kalvis Golde, November 3, 2023)
| Date | Proceedings and Orders |
|---|---|
| 09/05/2023 | Petition for a writ of certiorari filed. (Response due October 10, 2023) |
| 10/03/2023 | Waiver of right of respondent Faustino Sanchez Carrera, et al. to respond filed. |
| 10/06/2023 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 10/10/2023 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 10/11/2023 | DISTRIBUTED for Conference of 10/27/2023. |
| 10/12/2023 | Response Requested. (Due November 13, 2023) |
| 11/07/2023 | Brief of respondents Faustino Sanchez Carrera, et al. in opposition filed. |
| 11/13/2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| 11/13/2023 | Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed) |
| 11/14/2023 | DISTRIBUTED for Conference of 12/1/2023. |
| 12/01/2023 | Rescheduled. |
| 12/01/2023 | DISTRIBUTED for Conference of 12/8/2023. |
| 12/11/2023 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/07/2024 | Brief amicus curiae of United States filed. |
| 05/20/2024 | Supplemental brief of respondents Faustino Sanchez Carrera, et al. filed. (Distributed) |
| 05/21/2024 | DISTRIBUTED for Conference of 6/6/2024. |
| 05/21/2024 | Supplemental brief of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed) |
| 06/10/2024 | DISTRIBUTED for Conference of 6/13/2024. |
| 06/17/2024 | Petition GRANTED. |
| 06/25/2024 | Motion to dispense with printing the joint appendix filed by petitioners E.M.D. Sales, Inc., et al. |
| 06/25/2024 | Motion for an extension of time to file the briefs on the merits filed. |
| 07/02/2024 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 13, 2024. The time to file respondents' brief on the merits is extended to and including September 24, 2024. |
| 07/22/2024 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 07/26/2024 | SET FOR ARGUMENT on Tuesday, November 5, 2024. |
| 08/06/2024 | Record requested from the United States Court of Appeals for the Fourth Circuit. |
| 08/09/2024 | Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER. |
| 08/13/2024 | Brief of petitioners E.M.D. Sales, Inc., et al. filed. |
| 08/14/2024 | Brief amicus curiae of Washington Legal Foundation filed. |
| 08/14/2024 | Brief amicus curiae of New England Legal Foundation filed. |
| 08/19/2024 | Brief amici curiae of The Local Government Legal Center, et al. filed. |
| 08/19/2024 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 08/19/2024 | Brief amici curiae of National Assoc. of Wholesaler-Distributors, et al. filed. |
| 08/20/2024 | Brief amicus curiae of United States filed. |
| 09/24/2024 | Brief of respondents Faustino Sanchez Carrera, et al. filed. |
| 09/25/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/01/2024 | CIRCULATED |
| 10/15/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/22/2024 | Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed) |
| 11/05/2024 | Argued. For petitioners: Lisa S. Blatt, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lauren E. Bateman, Washington, D. C. |
| 01/15/2025 | Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. |
| 02/18/2025 | Judgment Issued. |