The U.S. Supreme Court seems inclined to embrace a more relaxed burden for employers under the 1938 Fair Labor Standards Act, with several justices asking why FLSA cases should be harder for companies to defend against than discrimination lawsuits.

As they typically do on Election Day, the justices went about their business Tuesday by hearing oral arguments. EMD Sales v. Sanchez Carrera, No. 23-217, centered on the proper evidentiary standard for employers seeking to defend against overtime lawsuits brought under the FLSA.