Avid readers of this blog will recall three prior postings about a wage and hour dispute under the Fair Labor Standards Act (“FLSA”) between an off-shore tool-pusher, Michael Hewitt, and his prior employer, Helix Energy Solutions Group, Inc.
Continue Reading SCOTUS Weighs In On Day Rate Pay
On October 24, 2022, the Ninth Circuit Court of Appeals issued an opinion in Cadena v. Customer Connexx LLC holding that the time employees spend booting up their computers is compensable under the Fair Labor Standards Act (the “FLSA”). The decision reverses a 2021 Nevada district court’s decision that came to the opposite conclusion, holding that time spent initiating computers was not compensable.
Continue Reading Ninth Circuit Requires Employee Compensation for Pre-Shift Duties Under FLSA
The Department of Labor’s Wage and Hour Division is expected to propose new rules on independent contractor classification and overtime entitlement requirements in the coming weeks. The proposals would alter the qualifications for certain employees to receive overtime payments under the Fair Labor Standards Act when they work in excess of 40 hours in one week.
Continue Reading Upcoming Proposed Changes to DOL’s Independent Contractor and Overtime Rules
Last Thursday, the U.S. Department of Labor (“DOL”) published in the Federal Register its newly-proposed rule regarding independent contractor vs. employee classification under the Fair Labor Standards Act (“FLSA” or the “Act”). Businesses have anticipated the release of this proposed rule from the Biden administration’s DOL since the DOL withdrew a more employer-friendly, Trump-era independent contractor rule in May 2021 that had not yet gone into effect.
Continue Reading DOL Proposes Updates to Independent Contractor Requirements
On September 9, 2021, the Fifth Circuit issued a 12-6 opinion in Hewitt v. Helix Energy Solutions Group, Inc., 15 F.4th 289 (5th Cir. 2021) that clarified the requirements for day rate workers to fall within one of the FLSA’s exemptions from overtime payment. This ruling was hotly-contested because it made clear that employers must take additional steps to properly classify their day rate workers as exempt employees, even when those employees clearly exceed the financial threshold of the highly compensated exemption. Many expect the decision to substantially affect the course of day rate FLSA litigation in the Fifth Circuit, especially misclassification disputes within the energy industry.
Continue Reading Cert Filed in Hope Supreme Court Will Reevaluate Fifth Circuit’s FLSA OT Ruling