In response to the U.S. Supreme Court’s unanimous ruling in E.M.D. Sales, Inc. v. Carrera, Brian Wild, Chief Government Relations Officer for the National Association of Wholesaler-Distributors issued the following statement:

“The Supreme Court’s ruling today was right on the law and policy when it comes to the standard of proof employers must meet when defending exemptions to the Fair Labor Standards Act (FLSA). On the law, the Court correctly held that the higher clear and convincing standard is the exception, not the rule. Barring exceptional circumstances, the heightened standard should only apply when Congress or the Constitution requires it. As a matter of policy, the FLSA’s exemptions were carefully designed to protect employees, while ensuring employers are able to effectively and efficiently run their businesses and serve their customers.”

The National Association of Wholesaler-Distributors (NAW) is one of America’s leading trade associations, representing the $8.2 trillion wholesale distribution industry. Our industry employs more than 6 million workers throughout the United States, accounting for 1/3 of the U.S. GDP. 35,000 wholesale distribution companies operate in 150,000 places of business across North America, including all 50 states.