Is a Highly Compensated Employee with Executive Duties Entitled to or Exempt from Overtime Pay Under the Fair Labor Standards Act Where That Employee Is Paid at a Daily Rate?

WVU College of Law Research Paper No. 2022-018

Preview of United States Supreme Court Cases, Vol. 50, Issue 1, 2022

6 Pages Posted: 30 Sep 2022 Last revised: 21 Nov 2022

See all articles by Anne Marie Lofaso

Anne Marie Lofaso

West Virginia University - College of Law

Date Written: September 27, 2022

Abstract

Case at a Glance: Michael Hewitt is a highly compensated employee with executive duties who worked for Helix Energy Solutions Group. Helix paid Hewitt at a daily rate. Employees, even highly compensated employees with executive duties, may be entitled to overtime pay under the Fair Labor Standards Act (FLSA) where they are not paid on a salary basis. This case presents a question of regulatory interpretation of the Department of Labor’s salary-basis test.

Keywords: employment law, SCOTUS, Fair Labor Standards Act, Overtime pay, executive compensation

JEL Classification: K00, K3

Suggested Citation

Lofaso, Anne Marie, Is a Highly Compensated Employee with Executive Duties Entitled to or Exempt from Overtime Pay Under the Fair Labor Standards Act Where That Employee Is Paid at a Daily Rate? (September 27, 2022). WVU College of Law Research Paper No. 2022-018, Preview of United States Supreme Court Cases, Vol. 50, Issue 1, 2022, Available at SSRN: https://ssrn.com/abstract=4233503

Anne Marie Lofaso (Contact Author)

West Virginia University - College of Law ( email )

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