News & Analysis as of

Fair Labor Standards Act (FLSA) Energy Sector

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

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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

Holland & Knight LLP

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

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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

Vinson & Elkins LLP

Energy Industry Take Note – Should You Be Paying Overtime to Your Highly Paid Employees?

Vinson & Elkins LLP on

The energy industry has long been a source of high-skilled and well-paid jobs, many paying six figures per year to employees. For those jobs, it’s easy for employers to get lulled into a false sense of security when figuring...more

Holland & Knight LLP

Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

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In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...more

BakerHostetler

[Webinar] Wage and Hour in the Energy Industry – New Administration, New Rules - May 4th, 11:30 am - 12:30 pm CT

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While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...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

Fox Rothschild LLP

Another FLSA Misclassification Case In The Energy Industry: A Continuing (And Troubling) Phenomenon

Fox Rothschild LLP on

There have been a host of wage hour cases in the energy industry and I have often commented upon these. Many concern misclassification issues and another example of this phenomenon has arisen where a class of pipeline...more

Littler

Fifth Circuit Finds Directional Drillers Are Independent Contractors

Littler on

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

Clark Hill PLC

Window On Washington - Vol. 2, Issue 18

Clark Hill PLC on

Outlook for This Week in the Nation's Capital - They’re Back. Congress returns today for a busy three weeks until the Memorial Day recess....more

Locke Lord LLP

Oil & Gas Industry Is Next Target for Independent Contractor Compliance Misclassification Lawsuits

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A cottage industry for plaintiffs’ class action lawyers has been independent contractor (IC) misclassification lawsuits, and one of the industries taking the brunt of those types of legal proceedings is energy, particularly...more

Obermayer Rebmann Maxwell & Hippel LLP

US Department of Labor Still Actively Investigating Per Diem Payments in the Energy Industry

Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh,...more

Cadwalader, Wickersham & Taft LLP

The Trump Administration: Change By Executive Action and Inaction

The election of Donald J. Trump as the 45th President of the United States, along with Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in U.S....more

Dickinson Wright

Municipal Legal News

Dickinson Wright on

On September 21, Governor Snyder signed a package of bills (2016 PA 281-283) that significantly expands the types of medical marijuana facilities permitted under state law, and establishes a licensing scheme similar to the...more

McNees Wallace & Nurick LLC

Wage and Hour Claims Surge in the Oil and Gas Industry

Since 2012, the United States Department of Labor (DOL) reports that it has recovered over $40 million in back wages for employees in the oil and gas industry.  Employers in the industry can expect claims to rise as the DOL...more

Gray Reed

When Can Employee Policies Be Amended?

Gray Reed on

Thinking about changing an employee policy in Texas? Kubala v. Supreme Production Services, Inc. says you can do it (almost) whenever you want. Want to make employees arbitrate their disputes? You can do that too....more

Baker Donelson

Wage and Hour Focus in the Energy Sector Alive and Well

Baker Donelson on

The U.S. Department of Labor’s (DOL) focus on wage and hour violations, which caught the oil and gas industry by surprise a little more than six years ago, continues to cause problems for the energy sector. Most recently, the...more

Gray Reed

Wage and Hour Claims Menace Producers

Gray Reed on

It’s common knowledge: Fair Labor Standards Act audits from the U. S. Department of Labor and lawsuits from workers for overtime violations are coming faster than a blitzing safety on a third and long. Native Oilfield...more

K&L Gates LLP

Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

K&L Gates LLP on

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

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

Here We Go Again—Significant Threat of Automatic Debarment from Government Contracts Slipping in Under the Wire!

Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923)...more

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