![]() refers specifically to employees' earnings being computed on an hourly, daily or shift basis." Justice Amy Coney Barrett said, "The result was counterintuitive here, but the DOL didn't exempt altogether highly compensated employees. … But the regulations are all about pay, how you're paid, the mechanics of pay." Justice Neil Gorsuch said, "You probably have a pretty good argument on the statute, which focuses on job function and whether it's executive or administrative. Paul Clement, the attorney for Helix, with the firm Clement & Murphy in Washington, D.C., said it's important that the statute specifically incorporates the salary requirement, but not the minimum guaranteed pay requirement. At the end of each week, we don't know how much he's going to make for the week. It's about, I think, the predictability and the regularity of payment. What he has to know is how much is coming in at a regular clip, so that he can get a babysitter, so that he can hire a nanny, so that he can pay his mortgage. ![]() So I don't know or it doesn't really matter that he might get $100,000 over the course of the year. She added, "The regularity of a predetermined amount is how people pay mortgages. Justice Ketanji Brown Jackson said there's a "commonsense understanding of the distinction between salaried workers being those who have a steady stream of predetermined amounts week to week versus daily workers or shift workers or hourly workers, whose weekly amounts can vary dramatically." The arguments this week hinged on whether being paid at least a minimum amount per day can count as a salary. The salary amount has since been raised for the highly compensated employee exemption to $107,432 per year and at least $684 per week paid on a salary or fee basis. Under the FLSA at the time Hewitt was employed by Helix, employees who perform executive duties, earn at least $100,000 per year and receive at least $455 per week paid on a salary or fee basis were exempt from overtime pay. His pay ranged from $963 to $1,341 per day. Circuit Court of Appeals agreed.įrom 2015 to 2017, Hewitt worked 28-day "hitches," living on an offshore oil rig for 28 days at a time and being on duty for 12 hours each day. Hewitt claimed he should get retroactive overtime pay because Helix calculated his pay by using a daily rate, and the 5th U.S. ![]() Helix Energy Solutions Group, an offshore oil and gas company based in Houston, claimed that its former employee, Michael Hewitt, was exempt from overtime pay because he was a highly paid executive, earning more than $200,000 per year. "This case is especially likely to affect the oil and gas industries, the health care field, and other sectors where well-compensated employees are paid per day or shift," said Erika Todd, an attorney with Sullivan & Worcester in Boston. "It's definitely a case of interest, and depending on the outcome, it will add more to the checklist in terms of how employees are classified," said Heather Robinson, an attorney with Herrick Feinstein in Newark, N.J. Hewitt, the main question is whether a supervisor making over $200,000 each year is entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). Supreme Court heard oral arguments on Wednesday in a case that could impact how employers determine which employees are exempt from overtime pay.
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