The phylogenetic relationships within the Eremoneura (Empidoidea + Cyclorrhapha) have been controversial. The monophyly of the Empidoidea, as well as the position and rank of higher-level empidoid clades remains unresolved despite numerous analyses using morphological data. In addition, the origin of the Cyclorrhapha and their relationship to the Empidoidea continues to be debated. We present the results of a molecular phylogenetic analysis using nucleotide sequences collected from 28S ribosomal DNA (rDNA) and elongation factor-1α (EF-1α) genes. All currently recognized empidoid families and subfamilies, many lower cyclorrhaphan families (including Opetiidae), and several asiloid outgroups are represented in this study. Unweighted and weighted parsimony, as well as maximum likelihood analyses were applied to individual data partitions and a combined data set. Our results support the monophyly of both Empidoidea and Cyclorrhapha (including Opetia), as well as their sister-group relationship. Within Empidoidea we find support for the following: 1) Chvála's (1983) proposal to divide Empidoidea into five families; 2) Atelestidae as the basal empidoid lineage; and 3) monophyly of Microphoridae + Dolichopodidae.