News & Analysis as of

Oil & Gas Wage and Hour

Gray Reed

More Guidance on Worker Classification for the Energy Industry

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This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more

Gray Reed

Employee or Independent Contractor? Know the New Rules

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The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more

Smith Gambrell Russell

U.S. Supreme Court Rules Supervisor Earning More Than $200,000 A Year Was Entitled To Overtime Compensation

On February 22, 2023, the United States Supreme Court issued the long-awaited decision in Helix Energy Solutions Group, Inc. v. Hewitt. The Supreme Court held that a highly compensated employee who is paid solely on a...more

Bradley Arant Boult Cummings LLP

Day Pay Nay for Highly Paid: Supreme Court Weighs in on FLSA Salary Basis for Exemption

In a highly anticipated ruling under the Fair Labor Standards Act, the U.S. Supreme Court in Helix Energy Solutions v. Hewitt held that an employee did not qualify for the highly paid exemption from the FLSA’s overtime pay...more

Holland & Knight LLP

Venezuela Update: March 23, 2022 (Spanish)

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Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors. ...more

Holland & Knight LLP

Venezuela Update: March 23, 2022

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Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors. ...more

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

Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly...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

Gray Reed

Fifth Circuit Tells the Oil Patch That a Day Rate is Not a Salary

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Under the Fair Labor Standards Act, what is required for an employee to be exempt from overtime pay? Ordinarily, it’s a guaranteed minimum salary. As the Department of Labor has explained, being paid on a “salary basis” means...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

Robins Kaplan LLP

Financial Daily Dose 5.14.2021 | Top Story: Colonial Pipeline Paid $5M Ransom to Hackers, Set Dangerous Precedent

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After a series of denials, it has emerged that Colonial Pipeline reportedly paid 75 Bitcoin (roughly $5 million) to recover its stolen data from last weekend’s ransomware attack. The move likely put a quicker end to the...more

Robins Kaplan LLP

Financial Daily Dose 5.11.2021 | Top Story: FBI Identifies Hackers Behind Pipeline Attack

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More details on that massive ransomware hack that hit Colonial Pipeline over the weekend. The FBI has confirmed that hacking group DarkSide was responsible and that it’s “looking for any ties the group might have to...more

Robins Kaplan LLP

Financial Daily Dose 3.5.2021 | Top Story: Powell Tries to Sooth Jumpy Markets Fearing Weak Jobs Report

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Jobs Report Friday again! Here’s what we’re looking for in the February numbers, which are expected to be relatively modest...more

Robins Kaplan LLP

Financial Daily Dose 9.30.2020 | Top Story: JPMorgan Reaches $920M Settlement with Feds Over Spoofing Allegations

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Under the terms of a deal with the DOJ announced this week, JPMorgan will pay $920 million and sign on to a deferred prosecution agreement “to resolve charges that it had manipulated markets for U.S. government bonds and...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

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The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

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

Fifth Circuit Holds Directional Drillers Are Independent Contractors

The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...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

Steptoe & Johnson PLLC

West Virginia Legislative Brief 2/16/2018

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...Today was yet another day of teachers showing up in large numbers voicing their opposition and concern about the PEIA and teachers pay proposals. Worth noting, last Sunday representatives of the county affiliates of the...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Directs District Court to Decide Whether California Wage and Hour Law Applies to Offshore Oil and Gas Platform...

On February 5, the U.S. Court of Appeals for the Ninth Circuit decided an interesting Outer Continental Shelf Lands Act (OCSLA) case, Newton v. Parker Drilling Management Services, Ltd. The Ninth Circuit reversed the Central...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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As the scandal grows, WF’s newish CEO, Timothy Sloan, faces the unfortunate reality of being a company man (30-years at Wells) when the foundations of that company are cracking....more

Fox Rothschild LLP

Another Oil Industry Class Action Settles – The Disturbing Trend Continues

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There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled...more

Bennett Jones LLP

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

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On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current and former non-managerial...more

Dickinson Wright

Municipal Legal News

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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

K&L Gates LLP

Considerations for Oil and Gas Industry Employers as They Continue to Prepare for New Salary Thresholds Under White-Collar...

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Employers in the U.S. oil and gas industry should act now to address recent changes to the overtime exemptions for “white-collar” employees. On May 18, 2016, the U.S. Department of Labor (DOL) published its highly anticipated...more

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