( November 9, 2023, 10:48 AM EST) -- WASHINGTON, D.C. — A petition asking the U.S. Supreme Court justices to decide a question concerning the evidence necessary for an exemption to the Fair Labor Standards Act (FLSA) should be denied as “[t]he standard of proof arises with respect to the factual determination of the employee’s primary duty, and the difference between these standards almost never makes a difference to the outcome of a case,” food sales representatives argue in their respondent brief....