Helix Energy Solutions v. Hewitt (Feb 22, 2023) (FLSA, Overtime Pay, Salary Basis, Executive Standard)

2023-02-25

Audio of Helix Energy Solutions v. Hewitt (Feb 22, 2023) Majority Opinion Michael Hewitt was paid a set, daily rate for his job working as a supervisor on an offshore oil rig, but he frequently had to work far more than the usual 40-hour work week - only without the benefit of overtime. So, Hewitt sued his employer, Helix Energy Solutions, to get the overtime pay that Hewitt argued was owed to him under the Fair Labor Standards Act (FLSA). In response, Helix argued that they didn't have to pay overtime to ...

Audio of Helix Energy Solutions v. Hewitt (Feb 22, 2023) Majority Opinion

Michael Hewitt was paid a set, daily rate for his job working as a supervisor on an offshore oil rig, but he frequently had to work far more than the usual 40-hour work week - only without the benefit of overtime. So, Hewitt sued his employer, Helix Energy Solutions, to get the overtime pay that Hewitt argued was owed to him under the Fair Labor Standards Act (FLSA). In response, Helix argued that they didn't have to pay overtime to "highly-compensated employee[s]" like Hewitt. But, Hewitt claimed that his set, daily rate technically wasn't even considered a "salary basis" anyway – which, again, meant that he qualified for overtime.

Helix ended up winning in District Court, then the U.S. Court of Appeals for the Fifth Circuit reversed before the Supreme Court granted certiorari to determine whether a

supervisor making over $200,000 a year with a daily rate is entitled to overtime, despite an existing regulation carving out an exception for highly paid executives.

Music by Epidemic Sound

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