Taking Care of Business and Working Overtime: En Banc Fifth Circuit Holds Day-Rate Oil Rig Worker Entitled to Overtime Pay

The Fifth Circuit has potentially opened the door for the misclassification of many common highly paid employees currently paid day-rate wages in the oil and gas industry. In Hewitt v. Helix Energy Solutions. Group., Inc., No. 19-20023, 2021 WL 4099598 (5th Cir. Sept. 9, 2021), the majority of the en banc Fifth Circuit held that a toolpusher, paid a day rate, is not exempt from overtime under the Fair Labor Standards Act (“FLSA”)......
By: Adams and Reese LLP