In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)...more
Consistent with its June 2022 announcement, the U.S. Department of Labor (DOL) has issued a new proposed rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA)....more
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
9/15/2021
/ Corporate Counsel ,
Day-Rate Pay ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Oil & Gas ,
Over-Time ,
Salaried Employees ,
Split of Authority ,
Wage and Hour ,
White-Collar Exemptions
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
6/3/2021
/ Appeals ,
Corporate Counsel ,
Day-Rate Pay ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Oil & Gas ,
Over-Time ,
Wage and Hour
The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more
The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more
3/25/2021
/ Biden Administration ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Joint Employers ,
Public Comment ,
Trump Administration ,
Wage and Hour