News & Analysis as of

Over-Time Supreme Court of the United States Wage and Hour

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

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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

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...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

Proskauer - Law and the Workplace

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more

Jackson Lewis P.C.

U.S. Supreme Court to Consider Evidentiary Standard for Proving FLSA Exemption

Jackson Lewis P.C. on

The U.S. Supreme Court next term will address the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). E.M.D. Sales,...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

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Gould + Ratner LLP

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

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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

Manatt, Phelps & Phillips, LLP

SCOTUS Sides With Daily-Rate Employee

Siding with an employee, the U.S. Supreme Court held that a daily-rate employee was entitled to overtime under the Fair Labor Standards Act (FLSA) despite the fact he earned over $200,000 annually....more

Kohrman Jackson & Krantz LLP

U.S. Supreme Court Revisits the “Salary Basis” Test Required Under the FLSA Overtime and Redefines “Paid on a Weekly Basis”

Employers often assume that a highly compensated supervisory employee will not be entitled to overtime pay when the employee works more than forty hours in a work week. That assumption proved to be incorrect in a recent U.S....more

Woods Rogers

Are Your Highly Compensated Employees Exempt Under FLSA?

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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

Lippes Mathias LLP

Helix Supreme Court Decision Finds That Daily Pay Rate Employee Making Six Figure Income Can Collect Overtime Under FLSA

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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

Lathrop GPM

Supreme Court Finds Highly Compensated Supervisor Entitled to Overtime Pay Under the FLSA

Lathrop GPM on

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

Venable LLP

SCOTUS Holds Highly Compensated Daily-Rate Employees May Be Entitled to Overtime

Venable LLP on

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

Steptoe & Johnson PLLC

Supreme Court Holds that Daily-Rate Employees are Entitled to Overtime Compensation

Steptoe & Johnson PLLC on

In Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court of the United States issued an important decision regarding whether highly compensated employees paid on a daily-rate basis were entitled to overtime...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

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

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Rules that Highly Compensated Daily-Rate Employees Qualify for Overtime Pay

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

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

Mintz - Employment Viewpoints

Supreme Court Clarifies the Meaning “Salary Basis” Under Federal Overtime Law

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

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Burns & Levinson LLP

SCOTUS on Salaried Employees and Overtime Pay

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In Helix Energy Solutions Group, Inc. v. Hewitt, a 6-3 decision issued on February 22, 2023, the United States Supreme Court decided what “salary” means for purposes of applying the regulations exempting highly compensated...more

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