News & Analysis as of

Department of Labor (DOL) Day-Rate Pay

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

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Amundsen Davis LLC

US Supreme Court to Hear FLSA Highly Compensated Employee Case

Amundsen Davis LLC on

On May 2, 2022, the United States Supreme Court granted certiorari in Helix Energy Solutions Group, Inc. v. Hewitt, a case that deals with the Section 13(a)(1) and 29 C.F.R. § 541.601 highly compensated employee exemption...more

Jackson Lewis P.C.

Supreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case

Jackson Lewis P.C. on

In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the “salary basis”...more

Fox Rothschild LLP

Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands

Fox Rothschild LLP on

The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an exorbitant amount of money, if it is not (at least in part)...more

Bradley Arant Boult Cummings LLP

New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix Energy cases. According to the Fifth Circuit, companies who do business in...more

Jackson Lewis P.C.

Full Fifth Circuit To Hear FLSA “Day Rate” Case, Vacating Panel Opinion

Jackson Lewis P.C. on

In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component...more

Holland & Knight LLP

Fifth Circuit Holds Day Rates Do Not Satisfy the Salary Basis Test

Holland & Knight LLP on

In a significant and adverse ruling for employers, especially in the oil and gas industry, the U.S. Court of Appeals for the Fifth Circuit on April 20, 2020, held that a "day rate" does not satisfy the salary basis test for...more

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

New Orleans WHD to Aggressively Investigate Oilfield, Maritime Employers

The United States Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (“FLSA”). That authority includes the power to investigate employers, their customers and payroll practices. ...more

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