Supreme Court rules Helix Energy oil rig worker who makes 0,000 is entitled to overtime

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Supreme Court rules Helix Energy oil rig worker who makes $200,000 is entitled to overtime

Published

3 years ago

February 22, 2023

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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 that 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 bi-weekly paycheck amounted to his daily pay rate multiplied by the number of days he worked in the pay period.

“The question here is whether a high-earning employee is compensated on a ‘salary basis’ when his paycheck is based solely on a daily rate — so that he receives a certain amount if he works one day in a week, twice as much for two days, three times as much for three, and so on,” wrote Kagan.

“We hold that such an employee is not paid on a salary basis, and thus is entitled to overtime pay,” Kagan wrote.

A federal district court judge who first heard the case agreed with Helix’s view, finding Hewitt was paid on a salary basis and thus was not due overtime pay.

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The U.S. 5th Circuit Court of Appeals reversed the decision. It said that Helix Energy’s compensation for Hewitt did not satisfy a special rule of the FLSA that allowed so-called daily-rate workers to be paid on a salary basis.

In its ruling Wednesday, the Supreme Court affirmed the appeals court decision. The majority opinion said that “Hewitt was not an executive exempt from the FLSA’s overtime pay guarantee,” and that “daily-rate workers, of whatever income level, qualify as paid on a salary basis only if the conditions set out in” the special rule are met.

Kagan in her opinion noted that Hewitt’s compensation did not meet the conditions of that special rule, “which focuses on workers whose compensation is “computed on an hourly, a daily or a shift basis.”

Two justices, Brett Kavanaugh and Neil Gorsuch, filed dissenting opinions.

Kavanaugh, in his dissent joined by Justice Samuel Alito, noted that Hewitt had a daily predetermined minimum pay rate of $963 per day. And under federal labor regulations, Kavanaugh added, “an employee who performs executive duties and earns at least $100,000 per year with a ‘predetermined’ weekly salary of at least $455 for any week that he works is a bona fide executive and not entitled overtime.”

“Per those regulations, Hewitt readily qualified as a bona fide executive,” Kavanaugh wrote. “As everyone agrees, Hewitt performed executive duties, earned about $200,000 per year, and received a predetermined salary of at least $963 per week for any week that he worked.”

Gorsuch, in his extremely short, two-page opinion, said he would dismiss the case as having been “improvidently granted” by the Supreme Court.

Gorsuch wrote that the court had allowed Helix to appeal the lower court’s ruling on the expectation that the question to be determined was “which regulations certain well-paid employees must satisfy to fit within the overtime-pay exemption.”

“Unfortunately, this case does not tee up that issue in the way we hoped,” Gorsuch wrote. “With the benefit of briefing and argument, it has become clear that the ‘critical question here’ is not how” two sections of the FLSA interact, he wrote.

The New York lawyer Pechman, who teaches a class on wage theft at Fordham Law School, said, “This case highlights one of the quirks about the FLSA in that sometimes liability is not a result of how much a worker gets paid but rather how he is paid.”

Environment

Stellantis reveals stylish, affordable, capable EV – why can’t the US have it?

Published

1 hour ago

August 28, 2025

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Stellantis reveals stylish, affordable, capable EV – why can't the US have it?

Chic and all-electric DS Automobiles No4 to cost from £36,995

Chrysler parent company Stellantis is sinking billions on electric Jeeps and Chargers that no one wants, but the they’ve developed market-leading EVs in Europe, and this latest, £36,995 DS Automobiles No4 is exactly the sort of electric crossover that could rejuvenate the brand’s American prospects. The only question now is: why won’t they bring it here?

Both the Dodge and Jeep-branded Stellantis EVs are being offered with huge discounts in a bid to generate some kind of market interest, but the company’s American product and marketing teams seem to be deeply confused about what the market actually wants. Over in Europe, though, Stellantis’ EVs are hot sellers – and this latest five-passenger crossover from the company is expected to steal even more sales from the Model Y.

The new all-electric No4 E-Tense model from Stellantis’ French brand DS Automobiles will be offered at three trim levels starting with the Pallas at £36,995 (approx. $48K US), rising to £39,160 for the Pallas+ and topping out at £41,860 (approx. $56K US, before incentives get applied) for the range-topping Etoile.

All three trims use a front-mounted electric motor rated at 213 hp, drawing from a 58.3‑kWh battery pack. That setup delivers up to 280 miles on the WLTP cycle (about 240 miles by EPA estimates). That feels like a lot of miles from a relatively small battery, aided no doubt by the DS No4’s aerodynamic. Inside the No4’s sculpted flanks is enough room for five adults and a bunch of their stuff, as well as an incredibly sexy dash and infotainment layout that (in the official press photos, at least) seems positively slathered in Alcantara (think “vegan suede”).

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With 120 kW fast charging capabilities, the No4’s battery pack can replenish from 20 to 80 percent in under 30 minutes. Thanks to built‑in V2L/V2X tech, the No4 can also supply power back to external devices.

Electrek’s Take

I think it would be a hit. As for why the marketing gurus at whatever’s left of the old Chrysler corporation seem to think an electric muscle car that no one asked for or a Dodge-branded Alfa Romeo that no one will ever ask for is a better use of their marketing dollars – that’s simply beyond me.

Maybe you guys know? Check out these photos of the new DS No4, then scroll on down to the comments and let us know what you think of Stellantis’ US product plans, and whether or not they messed up canceling the Airflow after all.

SOURCE | IMAGES: DS Automobiles.

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Environment

These 3 August EV price drops are up to $150/month, but hurry!

Published

1 hour ago

August 28, 2025

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These 3 August EV price drops are up to 0/month, but hurry!

Hyundai-EV-N — 2025 Hyundai IONIQ 5 N (Source: Hyundai)

The clock is running out on some of the best EV lease deals of the year. With the 25% tariff on imported EVs already hitting and the federal tax credit set to vanish after September 30, automakers are dangling some serious end-of-the-month offers. If you’ve been waiting to go electric, now’s the time. CarsDirect spotted three August EV price drops worth a look, but you’ll need to move fast, because these deals won’t last past the holiday weekend.

2025 Mercedes EQE SUV: $62 per month price drop

Mercedes is sweetening the pot on its EQE SUV as it works to move inventory. The 2025 Mercedes-Benz EQE 350+ SUV can now be leased for $629 a month for 36 months with $7,923 due at signing. That works out to an effective $849 a month – a $62 drop from previous deals. For a nearly $80,000 luxury EV, that’s not a bad offer.

But timing is key. The federal EV tax credit disappears next month, and Mercedes is set to pause US EV orders on September 1, which could make finding the right model tougher. Current incentives run through September 2, so if you’ve been eyeing an EQE, lock one in now before the market shifts.

Click here for a local dealer with the Mercedes-Benz EQE 350+ SUV in stock.–trusted affiliate link

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Click here to find a local dealer with the Mercedes EQE SUV in stock.–trusted affiliate link

2025 Volkswagen ID. Buzz: $90 per month price drop

As of August 22, the 2025 Volkswagen ID. Buzz picked up a hidden $3,000 Dealer Lease Bonus – that is, dealer cash that only shows up if you lease.

That incentive knocks the Pro S trim down to $589 a month for 36 months with $5,999 due at signing. Do the math, and that’s $756 a month effective cost – a $90 drop from the earlier $846 offer. With $10,500 in total savings, this is the best deal yet on the ID. Buzz and one of the standout Labor Day EV lease offers.

Click here for a local dealer with the Volkswagen ID. Buzz in stock.–trusted affiliate link

2025 Hyundai IONIQ 5 N: $150 per month price drop

Hyundai just slashed the price on its most powerful EV yet. The 2025 IONIQ 5 N can now be leased for $549 a month for 36 months with $3,999 due at signing (10,000 miles a year). That works out to an effective $660 a month – a huge $150 drop from July.

For a track-ready performance car, that’s a steal. And unlike most performance machines, the IONIQ 5 N doesn’t guzzle gas – you can just plug it in overnight at home. Current offers run through September 2.

Click here for a local dealer with the IONIQ 5 N in stock.–trusted affiliate link

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Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.

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Environment

Terberg heavy duty electric yard truck gets to work in the UK

Published

2 hours ago

August 28, 2025

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Terberg heavy duty electric yard truck gets to work in the UK

DPD tests electric Terberg tug at UK delivery hub

UK delivery firm DPD is putting one of Terberg’s heavy-duty electric yard tractors to the test at its giant, Oldbury, UK logistics hub – and its findings will help DPD shape a cleaner, more sustainable fleet strategy for the future.

DPD operates a fleet of over 50 yard hostlers (or “tugs” in the UK) to perform all trailer movements across its five sorting hubs in Oldbury, Smethwick, and Hinckley. Currently, those yards are serviced by a fleet of diesel tractors – but the company is interested in decarbonizing and “keen” to understand how EVs could be deployed across the fleet in the longer term.

“Tugs are the lifeblood of our hub operation, performing all trailer movements efficiently and safely across the five sites,” says Tim Jones, Director of Marketing, Communications, and Sustainability at DPD UK.

To that end, the company has deployed a Royal Terberg YT203-EV fitted with a pair of 78 kWh batteries, but it can be spec’ed up to 236 kWh and an almost unbelievable 105 tonne GCVWR. Even with “just” 156 kWh, the Terberg is able to work nearly a full 24 hours between charging – capability that is on par with diesel. At least.

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“Terberg DTS are proud to be able to assist DPD on the way to Net Zero (emissions) and it was great to be able to work with DPD’s drivers and demonstrate what the YT203-EV can do in their own yard,” explains Peter Giles, Head of UK Logistics Sales at Terberg DTS. “Their aim is to be one of the leaders in the march to a more sustainable fleet future and they have already amassed a lot of knowledge and experience working with EVs. We know just how versatile and effective the vehicle is, but every operation is slightly different and working on-site with their own drivers means DPD can get really meaningful feedback from those who know the job better than anyone.”

Several operators will be trying out the YT203-EV across different shifts and operations to get feedback. So far, however, they seem hyped. “The electric tug (performs) incredibly well,” adds Jones. “Our drivers were really impressed, especially with the ease of use and driver comfort.”

Electrek’s Take

Whether it’s Terberg, Tico, or Orange EV, terminal tractors are an ideal application for electrification, and companies like DHL have spent more than a decade proving that out. And now that DPD is giving these HDEVs a chance, expect to see a whole lot more of them getting deployed soon.

SOURCE | IMAGES: DPD UK.

Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.

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