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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

DateProceedings and Orders (key to color coding)
09/05/2023Petition for a writ of certiorari filed. (Response due October 10, 2023)
10/03/2023Waiver of right of respondent Faustino Sanchez Carrera, et al. to respond filed.
10/06/2023Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
10/10/2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
10/11/2023DISTRIBUTED for Conference of 10/27/2023.
10/12/2023Response Requested. (Due November 13, 2023)
11/07/2023Brief of respondents Faustino Sanchez Carrera, et al. in opposition filed.
11/13/2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
11/13/2023Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
11/14/2023DISTRIBUTED for Conference of 12/1/2023.
12/01/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
12/11/2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/07/2024Brief amicus curiae of United States filed.
05/20/2024Supplemental brief of respondents Faustino Sanchez Carrera, et al. filed. (Distributed)
05/21/2024DISTRIBUTED for Conference of 6/6/2024.
05/21/2024Supplemental brief of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
06/10/2024DISTRIBUTED for Conference of 6/13/2024.
06/17/2024Petition GRANTED.
06/25/2024Motion to dispense with printing the joint appendix filed by petitioners E.M.D. Sales, Inc., et al.
06/25/2024Motion for an extension of time to file the briefs on the merits filed.
07/02/2024Motion 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.
07/22/2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
07/26/2024SET FOR ARGUMENT on Tuesday, November 5, 2024.
08/06/2024Record requested from the United States Court of Appeals for the Fourth Circuit.
08/09/2024Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
08/13/2024Brief of petitioners E.M.D. Sales, Inc., et al. filed.
08/14/2024Brief amicus curiae of Washington Legal Foundation filed.
08/14/2024Brief amicus curiae of New England Legal Foundation filed.
08/19/2024Brief amici curiae of The Local Government Legal Center, et al. filed.
08/19/2024Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
08/19/2024Brief amici curiae of National Assoc. of Wholesaler-Distributors, et al. filed.
08/20/2024Brief amicus curiae of United States filed.
09/24/2024Brief of respondents Faustino Sanchez Carrera, et al. filed.
09/25/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/01/2024CIRCULATED
10/15/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/22/2024Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
11/05/2024Argued. 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.
01/15/2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined.
02/18/2025Judgment Issued.