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Introduction Of Polar Functional Groups To Pyridinedipyrrolide Zirconium Photosensitizers Through Post-Synthetic Modifications, Marisa Nicole Tordella Jan 2025

Introduction Of Polar Functional Groups To Pyridinedipyrrolide Zirconium Photosensitizers Through Post-Synthetic Modifications, Marisa Nicole Tordella

Graduate Theses, Dissertations, and Problem Reports (ETD)

Photosensitizers are vital components to applications such as photoredox catalysis, photodynamic therapy, and various avenues of solar energy production. The abilities of transition metal photosensitizers containing precious metals have been well studied over the years. However, because of the growing scarcity of these metals, there has been a shift in finding more earth abundant alternatives. To help fill this gap in the literature, the Milsmann group has developed and studied the photophysical properties of Zr(IV) complexes with various ligand systems. Due to the electron deficient metal center, these complexes exhibit ligand-to-metal charge transfer (LMCT), unlike the metal-to-ligand charge transfer commonly …


Systematic Methodologies For Magnetic Materials Design, Andres Tellez Mora Jan 2025

Systematic Methodologies For Magnetic Materials Design, Andres Tellez Mora

Graduate Theses, Dissertations, and Problem Reports (ETD)

Understanding and predicting the magnetic behavior of materials from first principles is one of the central challenges in condensed matter physics. This dissertation presents a systematic framework that bridges ab initio calculations, many-body physics, and effective spin models to analyze magnetic materials in particular, but also more general quantum systems. Starting from the electron many-body Hamiltonian and the second quantization formalism, we derive Density Functional Theory (DFT) and explain how magnetic properties emerge from exchange interactions and can be interpreted as perturbations to the magnetization density. To capture these effects efficiently, we construct Heisenberg models from first principles using the …


Distress Tolerance And Sleep Quality: Potential Moderating And Mediating Factors, Alivia Kay Murdock-Frazier Jan 2025

Distress Tolerance And Sleep Quality: Potential Moderating And Mediating Factors, Alivia Kay Murdock-Frazier

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research has shown that insomnia and poor sleep quality are related to a variety of negative physical and mental health outcomes. There is emerging evidence that the psychological construct of distress tolerance is related to the quality of one’s sleep, including the presence of insomnia. However, few studies have explored how additional factors may be related to this association. This study aimed to replicate previous research supporting the association between distress tolerance and sleep and exploring this relation by examining three different hypotheses (e.g., health behaviors, perceived stress, and emotion regulation) that could potentially explain how these two variables are …


Police Abuse In America And The Search For Remedy, Howard Ryan Jan 2025

Police Abuse In America And The Search For Remedy, Howard Ryan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The dissertation contends that, despite many diligent efforts—from mass protests to a presidential task force—America is not yet on path to remedying its outsized patterns of police abuse. The abuse problem is broadly characterized herein through a “triad” of over-enforcement, excessive force, and racial discrimination. The Washington Post’s “Fatal Force” database, covering the years 2015 through 2024, is offered as a bellwether of American progress in addressing its police abuse; and, it is observed, the nation’s yearly count of fatal police shootings of civilians has been increasing, rather than decreasing.

To help make sense of our lack of national progress, …


The Effect Of Carrier Type And Material Used On Results Of 1,1,1,2-Tetrafluoroethane Application To Teeth, Jonathon Logan Williams Dds Jan 2025

The Effect Of Carrier Type And Material Used On Results Of 1,1,1,2-Tetrafluoroethane Application To Teeth, Jonathon Logan Williams Dds

Graduate Theses, Dissertations, and Problem Reports (ETD)

Introduction: The formulation of a pulpal diagnosis is crucial to prescribe appropriate treatment recommendations for endodontics. The application of a cold stimulus to the tooth’s surface utilizing the refrigerant 1,1,1,2-Tetrafluoroethane (R-134a) is a common way to obtain a pulpal diagnosis. Cotton as a form of applicator is used to absorb the R-134a and create a temperature change in the pulp. There is limited research if there is a better material than cotton to generate this cold response. No studies to date have been found to determine if a sponge as an applicator would generate a more significant cold response than …


“Situation Is Out Of Control:” Drug Use, Violence, Resistance, And Politics During The Vietnam War, Andrew Domenic Ray Jan 2025

“Situation Is Out Of Control:” Drug Use, Violence, Resistance, And Politics During The Vietnam War, Andrew Domenic Ray

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Vietnam War was notable because it was a very violent and very public war. Throughout the course of the conflict, the United States imposed anti-guerilla warfare on a grand scale. American soldiers were often given orders to destroy the enemy at all costs; but in a war with no discernable front lines, the difference between combatant and non-combatant was, at best, blurry. The way the war was being fought, coupled with its unpopularity and emerging counterculture at home, made the Vietnam War a hub for illicit drug use among American soldiers. American soldiers use drugs for a number of …


Capillary Electrophoresis Analyses Using Ultraviolet Detection And Novel Mass Spectrometry Interfaces For The Characterization Of Small Molecules And Nanoparticles Of Pharmaceutical Interest, Yousef Shaaban Hassan Jan 2025

Capillary Electrophoresis Analyses Using Ultraviolet Detection And Novel Mass Spectrometry Interfaces For The Characterization Of Small Molecules And Nanoparticles Of Pharmaceutical Interest, Yousef Shaaban Hassan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Capillary electrophoresis (CE) coupled to mass spectrometry (MS) offers a powerful analytical platform that unites high-efficiency separation with molecular-level identification. Despite its potential, limitations in interfacing and usability have constrained the widespread application of CE-MS. This thesis presents methodological advancements to enhance CE-based analysis through innovative interfacing, automation, and application to both small molecules and nanoparticle vaccine formulations. First, a nanoflow sheath CE-VSSI-MS interface is developed to overcome the limitations associated with flow-dependent ionization, enabling the use of narrow-bore capillaries, high separation voltages, and flexible pH conditions. This configuration effectively separated and detected diverse analytes, including β-blockers, amino acids, and …


Determination Of Spatial Origin Of Striations On Fired Projectiles, Kaitlin A. Dolan Jan 2025

Determination Of Spatial Origin Of Striations On Fired Projectiles, Kaitlin A. Dolan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Firearms examination has been a mainstay of Forensic Science for over a century. One of the principal assessments performed by firearm examiners is the comparison of fired projectiles to a suspect firearm. The AFTE theory of identification, as it pertains to firearms and toolmarks, supports the basis that the barrel of a firearm will impart class and individualizing characteristics onto the fired projectile. The characteristics are developed by the interaction of the projectile surface with the lands of the barrel. Features on the lands, which are incidental to the process of manufacturing, dictate the characteristics observed on the fired projectile. …


Repeatability And Reproducibility Of Minutiae Mark-Up, Lyrek Lockley Jan 2025

Repeatability And Reproducibility Of Minutiae Mark-Up, Lyrek Lockley

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study investigated the repeatability and reproducibility of minutiae mark-up. The use of fingerprints as a mode of identification has been around for thousands of years with contributions from figures like Sir William Hershel, Thomas Taylor, Henry Faulds, Sir Francis Galton and many more. Latent fingerprint impressions can be deposited by the perpetrator of a crime on a variety of surfaces at a crime scene. Many times, fingerprints are the most widely recovered and used evidence from a crime scene. Once fingerprints are collected, they go through the analysis, comparison, evaluation, and verification (ACE-V) process. This study will focus on …


Simulation Of Annpet For Neural Network Training And System Performance Benchmarking, Pete Martone Jan 2025

Simulation Of Annpet For Neural Network Training And System Performance Benchmarking, Pete Martone

Graduate Theses, Dissertations, and Problem Reports (ETD)

Monte Carlo (MC) simulations are often used to provide insight into complex physical phenomenon. They can generate realistic results without the necessity to construct costly and complex apparatus. The ultimate value of these simulations depend on how accurately the physics can be modeled and if a sufficient volume can be produced to account for statistical variance. In medical imaging device development, MC simulations of Positron Emission Tomography (PET) scanners have typically been used to model the performance of new systems. The imaging group in the Department of Radiology have developed a unique detector design for a pre- clinical PET scanner …


Communicated Narrative Sensemaking In The Grandparent-Grandchild Relationship, Madison Clara Martin Jan 2025

Communicated Narrative Sensemaking In The Grandparent-Grandchild Relationship, Madison Clara Martin

Graduate Theses, Dissertations, and Problem Reports (ETD)

Storytelling is a primary form of communication between grandparents and grandchildren that has been shown to strengthen relational bonds and enhance grandchildren’s well-being. However, the specific narrative features and interactional processes involved in grandparent-grandchild storytelling remain underexplored, particularly regarding how they influence well-being and perceptions of generational differences. Guided by Communicated Narrative Sensemaking (CNSM) theory, this study examined the content (story framing) and process (interactional sensemaking behaviors) of grandparent-grandchild storytelling episodes as reported by young adult grandchildren (N = 110). Participants completed an online survey in which they recounted a storytelling episode with a grandparent and reported on individual well-being …


Asset Mapping: A Tool Used To Identify Community Resources, Gentry Shrewsbury Jan 2025

Asset Mapping: A Tool Used To Identify Community Resources, Gentry Shrewsbury

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Physical activity is vital for health and quality of life; however, for individuals with disabilities, there are numerous barriers to participation. In rural and low-socioeconomic regions, barriers such as lack of awareness, limited restrooms, and lack of public transportation create challenges when attempting to be physically active. Using the Asset-Based Community Development (ABCD) framework, this study examined physical activity resources within Mercer County, West Virginia, and evaluated their accessibility for individuals with disabilities.

Methods: A qualitative research design was implemented using three data collection strategies: (1) a google search to identify existing physical activity opportunities followed by a windshield …


Synthetic Data–Driven Early Prediction Framework For Acute Kidney Injury In Patients Receiving Vancomycin And Ceftazidime/Avibactam, Maryam Ramazani Jan 2025

Synthetic Data–Driven Early Prediction Framework For Acute Kidney Injury In Patients Receiving Vancomycin And Ceftazidime/Avibactam, Maryam Ramazani

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: The nephrotoxic risks of combining ceftazidime/avibactam (AVI) with vancomycin (VAN) remain underexplored, despite both agents independently being linked to acute kidney injury (AKI). This study assessed the risk of AKI associated with concurrent VAN and ceftazidime/avibactam (VAN-AVI) therapy and developed synthetic data models to enable early prediction of AKI.

Methods: We conducted a retrospective analysis using electronic health record data from hospitalized adults between 2015 and 2022. The incidence of AKI was compared among patients receiving VAN-AVI or VAN in combination with piperacillin/tazobactam (VAN-TPZ) versus VAN monotherapy. AKI was defined as a composite of de novo and recurrent AKI …


The Impact Of Skew On The Flexural Behavior Of Press-Brake-Formed Tub Girders, Matthew Allan Weatherholt Jan 2025

The Impact Of Skew On The Flexural Behavior Of Press-Brake-Formed Tub Girders, Matthew Allan Weatherholt

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Short Span Steel Bridge Alliance (SSSBA) is a group of bridge and buried soil steel structure industry leaders who have joined together to provide educational information on the design and construction of short span steel bridges in installations up to 140 feet in length. Press-brake-formed-tub-girders (PBFTGs) were developed by a technical working group within the SSSBA in response to a rising demand for rapid infrastructure replacements for short span bridge applications. PBFTGs are produced from structural steel plate and can be finished as weathering steel or galvanized. After being cold bent to the appropriate shape, shear studs are welded …


Replicating The Functionality Of Ghost Knifefish Cerebellar Feedback Using Synthetic Nervous Systems, Sheldon Paul Cj Johnson Jan 2025

Replicating The Functionality Of Ghost Knifefish Cerebellar Feedback Using Synthetic Nervous Systems, Sheldon Paul Cj Johnson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Sensory inputs allow animals to perceive, react, and adapt to an environment. However, the sensory information received by the body, such as visual, auditory, and proprioceptive information, could become overwhelming, thus overloading the brain. Yet, animals can process all this information by canceling redundant signals from their surroundings, allowing them to be more sensitive to novel or unexpected signals in their environment. Each species (i.e., birds, fish, mammals) has its own way of using and filtering sensory information, from auditory to locomotion adaptivity. Cerebellar circuits contribute to sensory filtering in a variety of systems. In particular, research on Ghost knifefish …


A Difference-In-Differences Investigation Of The Impact Of State-Mandated Campus Carry Laws In Texas On Violent Campus Crime Rates, Ryan Matthew Gibson Jan 2025

A Difference-In-Differences Investigation Of The Impact Of State-Mandated Campus Carry Laws In Texas On Violent Campus Crime Rates, Ryan Matthew Gibson

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study is to examine the potential impact of state-mandated campus carry laws on sexual misconduct and other violent crime statistics at public, four-year institutions. The study focuses on the state-mandated campus carry law put into effect in Texas starting in 2016 to analyze whether or not it had an impact on campus crime rates. Findings of the study showed that reported campus crime increased at Texas institutions post-2016 at a larger rate than the states that explicitly ban campus carry. Due to a lack of data on the number of individuals carrying guns on campuses in …


Applications Of Deep Learning For Optimizing Fingerphoto And Latent Fingerprint Biometrics, Amol Sanjay Joshi Jan 2025

Applications Of Deep Learning For Optimizing Fingerphoto And Latent Fingerprint Biometrics, Amol Sanjay Joshi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fingerprint-based biometric recognition remains one of the most dependable and widely adopted approaches for identity verification due to its permanence and distinctiveness. Recent advancements in mobile and contactless imaging have extended fingerprint acquisition beyond controlled environments into unconstrained, real-world conditions through fingerphotos, contactless fingerprint images captured by digital or smartphone cameras. While this paradigm shift enhances accessibility and user convenience, it introduces significant technical challenges. Variations in illumination, focus, and motion blur often degrade ridge patterns, making accurate feature extraction and matching more difficult. Similarly, in forensic applications, latent fingerprints, incomplete or smudged prints lifted from surfaces, pose unique challenges …


Probing The 10-23 Dnazyme Catalytic Core: Insights From Structural And Mechanistic Studies, Evan Rhyse Cramer Jan 2025

Probing The 10-23 Dnazyme Catalytic Core: Insights From Structural And Mechanistic Studies, Evan Rhyse Cramer

Graduate Theses, Dissertations, and Problem Reports (ETD)

The 10-23 DNAzyme is a catalytically active DNA oligonucleotide capable of cleaving RNA at purine-pyrimidine junctions in the presence of divalent metal ions, most notably magnesium. Despite its promise as a programmable RNA knockdown tool, its clinical and biotechnical utility has been hampered by limited structural characterization, low catalytic efficiency under physiological conditions, and poor understanding of its in-cell activity. This dissertation presents a comprehensive framework for the structural and functional analysis of DNAzymes using the 10-23 DNAzyme as a model system. In the absence of high-resolution structures, we first employed detailed in vitro biochemical assays to map essential residues …


A Durability Evaluation Of Class B Concrete Bridge Substructures Under West Virginia Freeze–Thaw Conditions, Nathaniel Wayne Dunbar Jan 2025

A Durability Evaluation Of Class B Concrete Bridge Substructures Under West Virginia Freeze–Thaw Conditions, Nathaniel Wayne Dunbar

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study evaluates whether the West Virginia Division of Highways (WVDOH) Class B concrete specification for bridge substructures remains adequate under modern durability and design-life expectations. The current specification, which permits a minimum compressive strength of 3,000 psi, reflects practices established when shorter service lives were generally assumed. Modern AASHTO LRFD provisions are based on a 75-year design life, raising concern that this lower-strength concrete may not provide sufficient durability under West Virginia’s climatic conditions.

To address this issue, bridge inspection data, regional climate mapping, and durability modeling were used to assess the condition and performance of concrete substructures across …


This Is A War: The 1977-78 Coal Strike And The Fracturing Of The Postwar Social Compact, Christian B. Rowe Jan 2025

This Is A War: The 1977-78 Coal Strike And The Fracturing Of The Postwar Social Compact, Christian B. Rowe

Graduate Theses, Dissertations, and Problem Reports (ETD)

The 1977–78 coal strike was a landmark moment for the American labor movement. Despite holding out for 110 days with no pay or benefits through a historically severe winter, miners were unable to advance their demands and achieve a progressive contract. By invoking the Taft–Hartley Act to end the strike, Jimmy Carter destabilized the New Deal political coalition by enraging one of its core constituencies and placing the needs of the state over the needs of unionized industrial workers. The BCOA’s immovable position in negotiations was an early sign that the labor-management accord that had governed industrial relations since World …


Characterizing Nursery Habitat For Juvenile Invasive Carp (Hypophthalmichthys Spp.) On The Ohio River, Rebecca Hiller Jan 2025

Characterizing Nursery Habitat For Juvenile Invasive Carp (Hypophthalmichthys Spp.) On The Ohio River, Rebecca Hiller

Graduate Theses, Dissertations, and Problem Reports (ETD)

Since their introduction to US waters, Silver Carp (Hypophthalmichthys molitrix) and Bighead Carp (H. nobilis) have rapidly spread throughout the Mississippi River basin and its major tributaries, but their invasion has stalled within the Ohio River. Recent research has suggested this slowed spread could be due to a lack of suitable nursery habitat in the Ohio River, affecting recruitment of invasive carp. This study aims to characterize the habitats juvenile carp are utilizing by investigating three main lines of inquiry: that juvenile carp habitat use is limited by (1) the flow regime of the Ohio River …


Parameter Estimation Of A 100 Seater Simulated Passenger Aircraft, Michael James Winston Jan 2025

Parameter Estimation Of A 100 Seater Simulated Passenger Aircraft, Michael James Winston

Graduate Theses, Dissertations, and Problem Reports (ETD)

Virtual flight test aircraft provide good opportunities to test new parameter estimation methods. However, good estimates for the parameters in VIRTTAC Castor, a virtual test aircraft, are unavailable. This thesis uses two well-established time domain methods, the Output Error Method and the Filter Error Method, to estimate the parameters of VIRTTAC Castor. Three standard maneuvers were used: Elevator 3-2-1-1, Rudder Doublet, and Aileron Multi-Step. The parameters were estimated across three different flight conditions: weight, altitude and air speed, which resulted in 27 tests for each maneuver. All parameters, and standard deviations estimated are included in the appendix as a table.


Development Of A Model To Estimate Engine Crankcase Methane Vent Emission Rates, Juan Pablo Rincon Jan 2025

Development Of A Model To Estimate Engine Crankcase Methane Vent Emission Rates, Juan Pablo Rincon

Graduate Theses, Dissertations, and Problem Reports (ETD)

The primary focus of this research is the modeling and validation of crankcase methane emissions stemming from natural gas combustion engines commonly deployed in the natural gas compression industry. The models employed rely on equations predicting the flow rate and composition of losses, typically generated within reciprocating piston-cylinder systems. Since crankcase emissions originate in a piston–cylinder arrangement, multiple variables were considered in this study, including displaced volume, pressure, temperature, flow, and viscosity (with corrections applied to account for the thermal and compositional effects on the mixture of fluids). The initial data for this research was collected during three measurement campaigns …


Modeling Relativistic Fluids In Dynamical Spacetimes, Terrence Alphonse Pierre Jacques Jan 2025

Modeling Relativistic Fluids In Dynamical Spacetimes, Terrence Alphonse Pierre Jacques

Graduate Theses, Dissertations, and Problem Reports (ETD)

Multi-messenger astrophysics opens a new era in our understanding of the most dynamic and energetic systems in the Universe. Correlating gravitational-wave and electromagnetic signals in space and time enables stringent tests of models for core-collapse supernovae, merging supermassive black-hole binaries with accretion disks and jets, and mergers of compact object binaries such as binary neutron stars (BNS) and white dwarfs. Comparisons between models and multi-messenger observations may be used to constrain the neutron-star equation of state (EOS), formation channels for compact-object binaries, and emission mechanisms behind short gamma-ray bursts.

In modeling such astrophysical systems, great success has been achieved by …


"She's Such A Nice Girl": Exploring The Literacy And Identity Formation Practices Of Black Girls In White, Appalachian Communities, Tamicah Tierra Owens Jan 2025

"She's Such A Nice Girl": Exploring The Literacy And Identity Formation Practices Of Black Girls In White, Appalachian Communities, Tamicah Tierra Owens

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examines the experiences and stories of two Black girls in predominantly White Appalachian communities, focusing on the language and literacy practices they employ to navigate and make sense of their Black feminine identities. It focuses on how literacy and language skills acquired from spending quality time with their mothers, engaging in various spaces with friends, and engaging in interest-driven traditional media and/or social media helped them to analyze their communities’ and the larger landscapes’ discourses around race and gender to create and modify their desired identities. This qualitative study employs narrative case study to center the lived experiences …


Watershed-Level Survey Of Antimicrobial Resistance From Onsite Wastewater Systems, Trey Franklin Clark Jan 2025

Watershed-Level Survey Of Antimicrobial Resistance From Onsite Wastewater Systems, Trey Franklin Clark

Graduate Theses, Dissertations, and Problem Reports (ETD)

The emergence of antimicrobial resistance (AMR) has quickly become one of the largest global health and development threats. Research related to environmental modes of transmission of AMR has accelerated in recent years, and the US Environmental Protection Agency is particularly interested in this emerging contaminant. Knowledge of how onsite (decentralized) wastewater treatment systems contribute to this issue is lacking, so this research serves to analyze and quantify the environmental dissemination of AMR and fecal contamination from these sources at a watershed level while using statistical analysis to assess relationships between physiochemical, spatial, and sampling parameters. This research surveyed four watersheds …


A Learning History Of A State Physical Activity Plan, Jessica Nicole Riffee Jan 2025

A Learning History Of A State Physical Activity Plan, Jessica Nicole Riffee

Graduate Theses, Dissertations, and Problem Reports (ETD)

Physical inactivity remains a persistent public health concern in the United States, disproportionately affecting rural populations like West Virginia. To address statewide physical activity challenges, West Virginia developed one of the nation’s first state level physical activity plans, ActiveWV: 2015, that was revised to ActiveWV: 2030. Limited research has investigated how statewide physical activity plans unfold over time or how stakeholder learning can drive improvement.

This dissertation employed a learning history action research methodology to construct a collective narrative of the development, dissemination, implementation, and evaluation activities across both iterations of the West Virginia Physical Activity Plan. Reflective interviews with …


Analysis And Field Demonstration Of A Mobile Dewatering Cell For Acid Mine Drainage And Rare Earth Element Hydraulic Preconcentrate, Hunter David Vance Jan 2025

Analysis And Field Demonstration Of A Mobile Dewatering Cell For Acid Mine Drainage And Rare Earth Element Hydraulic Preconcentrate, Hunter David Vance

Graduate Theses, Dissertations, and Problem Reports (ETD)

A field scale mobile dewatering cell was constructed and demonstrated to investigate the filtration efficiency and dewatering characteristics of the cell. The cell was tested using hydraulic preconcentrate (HPC) from an active AMD treatment plant located in the Morgantown, WV area. HPC is a sludge-like material that comes from a two-stage treatment process of acid mine drainage, and it contains various rare earth elements. The cell was filled with HPC over time and the influent HPC and effluent water exiting the cell were tested each time the cell was filled. Taking these samples and other measurements, the filtration efficiency and …


Novel Phenomena In Chiral And Disordered Crystals, Zachary Louis Romestan Jan 2025

Novel Phenomena In Chiral And Disordered Crystals, Zachary Louis Romestan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The concept of symmetry is central to our understanding of the physical world. Core symmetries—comprising time reversal, charge conjugation, spatial inversion, and rotation—are integral in maintaining essential conservation laws. They also play a critical role in the manifestation of new quantum phases that arise when these symmetries are disrupted. At the heart of contemporary research in condensed matter physics is the exploration of how basic symmetries interact with material imperfections. This examination delves deeply into the ways that inherent symmetrical properties and structural anomalies within materials influence each other, providing crucial insights into the field. This dissertation presents an investigation …


What Standard Of Proof Must Employers Satisfy To Demonstrate The Applicability Of A Fair Labor Standards Act Exemption?, Anne Marie Lofaso Nov 2024

What Standard Of Proof Must Employers Satisfy To Demonstrate The Applicability Of A Fair Labor Standards Act Exemption?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: Employees of E.M.D. Sales, Inc., an international food distributor, sued E.M.D., alleging that it violated the Fair Labor Standards Act (FLSA) when it withheld overtime wages from these employees. As an affirmative defense, E.M.D. asserted that the employees were FLSA‑exempted outside salesmen. This case asks the Court to determine whether employers must use the preponderance-of-the-evidence standard or the clear-and-convincing evidence standard to prove the applicability of an exemption under the FLSA.