In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)...more
In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more
9/15/2021
/ Corporate Counsel ,
Day-Rate Pay ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Oil & Gas ,
Over-Time ,
Salaried Employees ,
Split of Authority ,
Wage and Hour ,
White-Collar Exemptions
In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...more
6/3/2021
/ Appeals ,
Corporate Counsel ,
Day-Rate Pay ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Oil & Gas ,
Over-Time ,
Wage and Hour
The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more
1/18/2021
/ Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Notice Requirements ,
Rules of Civil Procedure
The U.S. Court of Appeals for the Fifth Circuit, in an issue of first impression, has answered a critical question in Fair Labor Standards Act (FLSA) overtime disputes: "Who has the burden of proof on whether bonuses are...more
In a significant and adverse ruling for employers, especially in the oil and gas industry, the U.S. Court of Appeals for the Fifth Circuit on April 20, 2020, held that a "day rate" does not satisfy the salary basis test for...more