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The Supreme Court of the United States on Captiol Hill, photographed on Tuesday, Feb. 21, 2023 in Washington, DC.
Kent Nishimura | Los Angeles Times | Getty Images
The Supreme Court ruled Wednesday that an offshore oil rig worker who earned more than $200,000 annually — and whose company classified him as a “bona fide executive” — is entitled to overtime pay for having worked more than 40 hours per week.
A lawyer for Helix Energy Solutions Group had argued in October that the worker, Michael Hewitt, was not entitled to overtime under the Fair Labor Standards Act, despite the fact that he regularly worked 84 hours per week on the rigs.
“This decision could result in an enormous windfall for workers in a variety of occupations,” said Lou Pechman, a New York City employment attorney who has handled more than 300 cases involving the FLSA, but who was not involved in this case.
“The Supreme Court has sent a message to all workers paid on a day rate basis that they are entitled to overtime after 40 hours of work,” Pechman said.
In a 6-3 ruling Wednesday, the Supreme Court noted the case hinged on the issue of whether Hewitt, whose job is called tool pusher, was paid on a salary basis.
The majority opinion, written by Justice Elena Kagan, noted that Hewitt’s biweekly paycheck amounted to his daily pay rate multiplied by the number of days he worked in the pay period.
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