News & Analysis as of

Highly Compensated Employees White-Collar Exemptions Employment Litigation

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more

Littler

Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification

Littler on

Despite an employee’s being highly compensated, the Sixth Circuit reversed a summary judgment order from the district court, finding that even though the pipe inspector was highly compensated, his pay was calculated on a...more

Vedder Price

Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.

Vedder Price on

On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the...more

Bradley Arant Boult Cummings LLP

Déjà Vu All Over Again? DOL Proposes New Rule on Salaried Exemption Threshold

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

Franczek P.C.

U.S. Supreme Court Rules Highly Compensated “Daily Rate” Employees Entitled to Overtime under FLSA

Franczek P.C. on

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

Lowndes

$200,000 Plus Overtime??? When a Highly Compensated Employee Remains Non-Exempt

Lowndes on

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

Polsinelli

Supreme Court Rules that Even Highly Compensated Employees Must be Paid on a Salary Basis to be Overtime-Exempt

Polsinelli on

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

Holland & Knight LLP

Supreme Court Upholds Ruling That FLSA Overtime Exemption Does Not Cover Highly Paid Rig Worker

Holland & Knight LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Holds Highly Paid Employee Not Overtime Exempt Due to Daily Rate Pay

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

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

Littler on

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

Parker Poe Adams & Bernstein LLP

Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more

Polsinelli

Supreme Court Takes Up FLSA High Earners Exemption

Polsinelli on

On October 12, 2022, the U.S. Supreme Court heard oral arguments in a case that considers whether a supervisor who earned over $200,000 annually may still be eligible for overtime pay under the Fair Labor Standards Act...more

Kohrman Jackson & Krantz LLP

Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?

The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more

Fisher Phillips

Supreme Court to Decide Whether Highly Compensated Supervisors Paid by the Day Should Get FLSA Overtime Pay

Fisher Phillips on

Employers may be shocked to learn that a supervisor who earns $200,000 a year could be entitled to overtime pay, but the Supreme Court might very well decide you could be on the hook for such payments in the near future....more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

Holland & Knight LLP on

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

Seyfarth Shaw LLP

Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more

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