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Classification of employees under the Fair Labor Standards Act (FLSA) remains a high-risk area where employers can easily misstep, potentially incurring thousands of dollars in overtime pay, liquidated damages, attorneys...more
An appeals court just ruled that a pipe inspector who earned more than $270,000 a year was entitled to overtime pay because he was not paid on a “salary basis.” In its April 1 decision, the 6th Circuit joined the 5th Circuit...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016...more
On February 22, 2023, the Supreme Court of the United States issued an important decision under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, the Court determined that...more
On February 22, 2023, the Supreme Court of the United States issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt finding that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair...more
In a recent opinion (Helix Energy Sols. Grp., Inc. v Hewitt), the Supreme Court held that a highly compensated supervisor paid on a daily-rate basis was not an executive exempt from the Fair Labor Standards Act’s (FLSA)...more
On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions...more
The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more
On February 22, 2023, the U.S. Supreme Court ruled in Helix Energy Solutions v. Hewitt that highly compensated employees paid on a daily rate basis, rather than on a salary basis, are not exempt from the Fair Labor Standards...more
The U.S. Supreme Court recently held that an employee who earned in excess of $200,000 annually was entitled to overtime pay because he did not qualify for the FLSA’s highly compensated employee exemption. This decision –...more
In its most recent employment decision, the Supreme Court rejected an employer’s efforts to avoid paying overtime to a highly-compensated oil rig employee, finding that the employee’s daily pay rate did not satisfy the...more
Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more
In a reminder that it takes more than a big paycheck to be exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”), the U.S. Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that a...more
Last week, the U.S. Supreme Court upheld an appellate court determination that Michael Hewitt, an oil rig “toolpusher,” was entitled to overtime compensation despite having earned in excess of $200,000 per year. Mr. Hewitt’s...more
On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more
On February 22, 2023, the U.S. Supreme Court ruled that high-earning professionals can only be overtime-exempt if they are paid on a “salary basis” as defined by the Fair Labor Standards Act (“FLSA”). In Helix Energy...more
On Sept. 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held a highly compensated rig worker was not exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements because the employee was paid on a day...more
As we reported earlier this week, on February 22, 2023, the Supreme Court issued its decision in Helix Energy Solutions Group, Inc. v. Hewitt, finding that a daily-rate worker who earned over $200,000 annually was not exempt...more
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
On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards...more
On February 22, 2023, the United States Supreme Court issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, holding that a “daily rate worker” was not exempt from the FLSA’s overtime guarantees...more
On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more
One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court reiterated the need not simply...more
Imagine this scenario: You pay an employee a substantial daily rate — which works out to more than $200,000 a year. Still, the employee claims they’re entitled to overtime pay because they were paid a daily — rather than...more