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

2 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

Beta Technologies founder completes first test flight in its production-intent eCTOL [Video]

Published

4 hours ago

November 14, 2024

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Beta Technologies founder completes first test flight in its production-intent eCTOL [Video]

All-electric aircraft developer BETA Technologies has shared another important milestone in bringing its first two vessels to market. Most recently, BETA’s founder, CEO, and test pilot Kyle Clark took the production version of its ALIA eCTOL up for its first flight, as seen in the video below.

BETA Technologies is a fully integrated electric aircraft and systems developer based in Vermont. Three years ago, it debuted its first electric vertical takeoff and landing (eVTOL) aircraft, the ALIA–250. That BETA vessel has since been renamed the ALIA VTOL and completed a piloted test flight transitioning mid-air this past April.

In addition to the ALIA VTOL, BETA has also been developing an electric conventional takeoff and landing (eCTOL) plane called the ALIA CTOL. To date, it has flown tens of thousands of test miles en route to evaluation flights for FAA certification. That aircraft is targeting full approval for commercial operations by 2025.

As BETA moves closer to bringing the ALIA CTOL to the public, it has completed its first bonafide production build in South Burlington. Following a Special Airworthiness Certificate from the Federal Aviation Administration (FAA), BETA has successfully taken its production-ready ALIA CTOL up for a test flight, piloted by its founder and CEO.

Watch BETA’s founder complete a CTOL test flight

BETA Technologies shared details of its first successful production CTOL test flight today alongside the images above and the full video below.

Once the production-intent build of the ALIA CTOL was complete, the FAA inspected the aircraft for safety and compliance before granting BETA a Multipurpose Special Airworthiness Certificate for Experimental Research & Development, Market Survey, and Crew Training, signing-off approval for test flights.

On November 13, BETA CEO, founder, and test pilot Kyle Clark conducted the first test flight of the ALIA CTOL aircraft, which lasted nearly an hour. The test included a conventional runway takeoff before the aircraft climbed to 7,000 feet.

While in the air, Clark tested the aircraft’s handling qualities, stability, control test points, and initial airspeed expansion before completing several approaches ahead of a normal landing. Clark spoke following the successful flight:

This start of our production CX300 flight test campaign is a result of years of hard work and focus on studying customer requirements, hard engineering, manufacturing, production, quality and test. It represents a significant milestone for BETA, and is the beginning of an exciting new phase for the business. With this, we’re one step closer to putting this technology into the hands of our customers.

We learned a lot from this first production build. We weren’t just building an aircraft company, we were building and refining a system to build high quality aircraft efficiently. This first build allowed the team to collect data and insight on manufacturing labor, tooling design, processes, yields and sequences, all of which are being used to refine our production systems.

With its production test flight campaign now underway, BETA says it will continue testing the ALIA CTOL aircraft for the standard 50 hours required before qualifying for a Market Survey and Crew Training certificate. That next certificate will enable BETA to fly outside of Burlington and Plattsburgh and continue training additional pilots on the aircraft.

The company shared it will also continue production of additional aircraft, including ALIA CTOL and ALIA VTOL configurations, the latter of which was recently teased in October. You can view footage of BETA’s CTOL flight below.

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Environment

U.S. crude oil rises, trades around $69 per barrel

Published

4 hours ago

November 14, 2024

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U.S. crude oil rises, trades around per barrel

Crude oil futures rose slightly on Thursday, with the U.S. benchmark trading around $69 per barrel, though the market outlook remains bearish.

Global crude supplies are expected to outstrip demand by more than 1 million barrels per day next year led by robust growth in the U.S., according to the International Energy Agency’s monthly market report.

Here are today’s energy prices by 8:07 a.m. ET:

West Texas Intermediate December contract: $68.92 per barrel, up 49 cents, or 0.7%. Year to date, U.S. crude oil is down more than 3%.
Brent January contract: $72.78 per barrel, up 50 cents, or 0.7%. Year to date, the global benchmark is down more than 5%.
RBOB Gasoline December contract: $1.9711 per gallon, up 0.3%. Year to date, gasoline has fallen nearly 6%.
Natural Gas December contract: $2.966 per thousand cubic feet, down 0.6%. Year to date, gas has gained nearly 18%.

UBS slashed its price forecast for global benchmark Brent to $80 per barrel from $87 previously on weakening demand in China, the world’s largest crude importer.

OPEC on Tuesday cut its demand growth forecast for the fourth month in a row earlier this week.

U.S. crude oil has shed about 4% and Brent is down 3.5% since Donald Trump won the U.S. presidential as the dollar has surged. A stronger U.S. dollar can depress oil demand among buyers that hold other currencies.

Don’t miss these energy insights from CNBC PRO:

Environment

Loren McDonald stops by Quick Charge to discuss EV charging, Paren, and more

Published

15 hours ago

November 14, 2024

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Loren McDonald stops by Quick Charge to discuss EV charging, Paren, and more

Leading electric vehicle analyst, author, and industry thought leaders Loren McDonald and Bill Ferro stop by Quick Charge to discuss EV Adoption’s acquisition by Paren, the “crisis” of EV charging reliability, and the real state of the EV market.

Depending on who you listen, EVs are either driving brands to record growth and are about cross that critical 10% of the overall market nationwide, or the future is bleak, the market is down, and EVs just aren’t selling. What’s really going on? Loren and Bill (probably) have some answers.

Today’s episode is sponsored by BLUETTI, a leading provider of portable power stations, solar generators, and energy storage systems. For a limited time, save up to 52% during BLUETTI’s exclusive Black Friday sale, now through November 28, and be sure to use promo code BLUETTI5OFF for 5% off all power stations site wide. Click here to learn more.

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