On January 15, 2025, the U.S. Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera that employers must prove the applicability of exemptions under the Fair Labor Standards Act (FLSA) by a “preponderance of the evidence” (more likely than not), rejecting the higher “clear and convincing evidence” standard previously applied by the Fourth Circuit. The ruling resolves a circuit court split of authority.

Depending on how the Supreme Court decides Bissonnette, restaurants may have increased exposure to class actions by independent distributors, such as the plaintiffs in Bissonnette.