News & Analysis as of

Over-Time Supreme Court of the United States Department of Labor (DOL)

Fox Rothschild LLP

United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption Cases

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On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether...more

Sands Anderson PC

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

Sands Anderson PC on

Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more

ArentFox Schiff

Post-Chevron Employment Law Regulations: What to Expect

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Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Dechert LLP

When It Rains, It Pours: Supreme Court, EEOC and DOL Release Flood of Employment Law Developments

Dechert LLP on

Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII. ...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

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

Gould + Ratner LLP

U.S. Supreme Court Finds Employee Making $200,000 Is Entitled to Overtime Pay

Gould + Ratner LLP on

The U.S. Supreme Court recently held that a rig oil worker paid at a daily rate that amounted to $200,000 annually was entitled to overtime pay because he was not paid on a “salary basis” as required by the Fair Labor...more

Rumberger | Kirk

Avoiding Costly FLSA Misclassification Errors

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FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more

Foley & Lardner LLP

Six Figure Salary? Make Sure It’s Really a Salary

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How does an employer owe someone earning over $200,000 per year overtime? By claiming the employee is salaried exempt — but not really paying a salary. The U.S. Supreme Court ruled on February 22, 2023 in Helix Energy...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Tucker Arensberg, P.C.

New Supreme Court Ruling on Salary Basis for Exempt Executive Employees

The United States Supreme Court just issued a new ruling on the salary basis test for exempt executive employees. Before we get to that, here is a quick background on the salary basis and executive employee tests, which are...more

Rumberger | Kirk

Employers Beware: Highly Compensated Employees Could Be Entitled To Overtime

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The Fair Labor Standards Act (FLSA) guarantees that covered employees receive overtime pay when they work more than 40 hours a workweek. An employee is exempt from the overtime requirement if he or she works “in a bona fide...more

Maynard Nexsen

SCOTUS: $200K Per Year And Employee Still Entitled To Overtime Pay

Maynard Nexsen on

On Feb. 22, 2023, the U.S. Supreme Court weighed in on overtime exemptions under the Fair Labor Standards Act (FLSA) and held that a highly compensated employee was entitled to overtime pay because he was paid a day rate and...more

Quarles & Brady LLP

Supreme Court Rules That Employee Earning Six Figures Is Also Entitled to Overtime Pay

Quarles & Brady LLP on

On February 22, 2023, the United States Supreme Court ruled in a 6-3 decision that an employee who earned over $200,000 annually was still entitled to overtime pay under the Fair Labor Standards Act (FLSA). The Court’s...more

ArentFox Schiff

Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Exemptions

ArentFox Schiff on

Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more

Fox Rothschild LLP

Supreme Court: Highly Compensated Employees Must Be Paid a Salary to Avoid Overtime

Fox Rothschild LLP on

A recent United States Supreme Court decision, Helix Energy Solutions Group, Inc. v. Hewitt, held that to qualify for the highly compensated employee exemption to the overtime requirements under the Fair Labor Standards Act...more

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

Beltway Buzz - February 2023 #4

SCOTUS Rules in OT Case … More Challenges on the Way? On February 22, 2023, the Supreme Court of the United States issued a 6–3 decision holding that an employee making $200,000 each year is entitled to overtime pay under the...more

McDermott Will & Emery

US Supreme Court Rules Highly Compensated Employee Is Not Exempt from Overtime

McDermott Will & Emery on

On February 22, 2023, the US Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that an employee who was paid nearly $1,000 each day he worked was not exempt from the Fair Labor Standards Act (FLSA) and...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay

Jackson Lewis P.C. on

Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar”...more

Proskauer - Law and the Workplace

SCOTUS:  Daily Rate Doesn’t Satisfy FLSA’s Salary Basis Test for Exemption, Even If It’s Huge!

It’s always exciting when the Supreme Court takes up a wage and hour issue—at least for us. Earlier this week, in Helix Energy Solutions Group, Inc. v. Hewitt, the court tackled the question of whether a daily rate can...more

BCLP

Highly-Paid Executives May Be Entitled to Overtime Compensation

BCLP on

After an extensive analysis of the Fair Labor Standard Act’s (FLSA) provisions governing overtime pay as applied to highly-paid employees, the Supreme Court has upheld the FLSA’s “salary basis test” – finding that not only is...more

Jackson Lewis P.C.

Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSA

Jackson Lewis P.C. on

On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc., 15 F.4th 289 (5th Cir. 2021), cert. granted,...more

Constangy, Brooks, Smith & Prophete, LLP

Can you make $200K a year and still get overtime? We’ll know soon.

The U.S. Supreme Court will soon decide whether a supervisor who was paid a daily, rather than a weekly, rate and earned more than $200,000 a year is exempt from the overtime provisions of the federal Fair Labor Standards...more

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

Supreme Court Questions Whether Highly Compensated Oil Rig Worker Is Overtime Exempt

​​​​​​​On October 12, 2022, the Supreme Court of the United States heard oral arguments in a case regarding whether an oil rig worker who performed supervisory duties and was paid more than $200,000 per year on a day rate...more

McAfee & Taft

SCOTUS to decide if employee paid a day rate of $963 and making $200,000 a year is entitled to overtime

McAfee & Taft on

Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more

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