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
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
Wage and hour law is full of traps for the unwary. Even compensation practices that are well-accepted across an entire industry can sometimes create huge headaches for employers in the face of a legal challenge....more
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
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
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