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

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

Fifth Circuit Holds Directional Driller is an Independent Contractor Rather than an Employee for FLSA Purposes

On May 11, 2022, the Fifth Circuit issued its opinion in Hargrave v. AIM Directional Services, L.L.C., giving a big win to energy-sector companies by concluding that a directional driller was an independent contractor rather...more

Case-by-Case Analysis for the Creative Professional Exemption Applies to All Journalists, Regardless of Employer Size

On January 19, 2021, the U.S. Department of Labor (DOL) released an opinion letter analyzing the application of the Fair Labor Standards Act (FLSA) creative professional exemption to journalists....more

Fifth Circuit Finds Directional Drillers Are Independent Contractors

On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an important decision involving whether contract workers in the oil patch were entitled to overtime....more

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