$23-217$ E$.$M$.$D$.$ SALES, INC. V$.$ CARRERA DECISION BELOW: $75$ F$\mathrm{.}4$th $345$ CERT. GRANTED $6/17/2024$ QUESTION PRESENTED: The Fair Labor Standards Act $($FLSA$)$ covers more than $140$ million workers and guarantees eligible workers a minimum wage and overtime pay. But the FLSA also contains $34$ exemptions from those requirements. Employers do not have to pay overtime to$,$ e$.$g$.,$ bona fide executives, agricultural workers, and outside salesmen. See $29$ U$.$S$.$C$.213($a$)-($b$).$The question presented is: Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence$-$as six circuits hold$-$or clear and convincing evidence, as the Fourth Circuit alone holds. LOWER COURT CASE NUMBER: $21-1897,21-1924$