In the upcoming 2022-2023 term, the United States Supreme Court is set to decide in Helix Energy Solutions Group, Inc., et al. v. Hewitt (No. 21-984) whether a daily rate supervisor who earned in excess of $200,000 annually is entitled to overtime compensation under the federal Fair Labor Standards Act. Employers that pay their employees daily rates – particularly those in the oil and gas industry – should be on the lookout, and preparing, for the Court’s decision, as it threatens to alter the employment compensation landscape substantially and may force some employers to reshape their compensation schemes entirely. Oral argument in this case is presently scheduled for October 12, 2022.
In Helix, the Court will determine whether supervisors who typically would be exempt from the overtime compensation provisions of the Fair Labor Standards Act (“FLSA”) are entitled to time-and-a half pay for hours worked over 40 hours in a workweek because they receive a daily rate rather than a fixed annual salary. As readers of this blog are aware, the FLSA requires employers to pay employees at a rate of one-and-one-half times their regular rate of pay for any hours they work in excess of 40 hours in a workweek. Although the FLSA applies to broad categories of employees, regulations implemented by the U.S. Department of Labor exempt certain employees from these overtime pay requirements. These exceptions apply to employees who are paid on a salary basis in an amount more than $684/week...
Two Texas clinics under the same ownership have agreed to pay the government $20 million to settle False Claims Act allegations that they lied about COVID-19 billing, according to the U.S.... To vi...