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TBoy
Notre Dame Fan
Kalamazoo
Member since Dec 2007
17797 posts

A huge blow to oil and gas production occurred this week and no one noticed
On September 9, 2021, the U.S. Fifth Circuit Court of Appeals released the en banc opinion in Hewitt v. Helix Energy Solutions Group, et al, holding that a toolpusher who made more than $200,000.00 per year, working less than half the days in a year, must be paid overtime for work in excess of 40 hours a week.

This will expose oil and gas operators to hundreds of millions of dollars in overtime, penalties and attorney fee claims for highly compensated supervisors who have never been qualified for overtime, ever, until this week.

All five Trump appointees (Ho, Willett, Duncan, Oldham and Wilson) voted in favor of this ridiculous result, joined by the predictable set of three Obama appointees (Graves, Higginson, and Costa). The dissents are right on the text and its application.

Hopefully the Supreme Court will address this because this is an astoundingly bad opinion based upon a bizarre "textualist" reading. A copy is linked above.
This post was edited on 9/16 at 9:12 am


Pettifogger
Atlanta Braves Fan
Capitol Hill Autonomous Zone
Member since Feb 2012
66141 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
Making wage and hour laws oppressive to business is pretty much a feature in your political worldview, isn't it?


SPEEDY
Lamar Fan
2005 Tiger Smack Poster of the Year
Member since Dec 2003
76310 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

must be paid overtime for work in excess of 40 hours a week.


Unless they are salaried, why wouldn’t they get paid overtime if they work more than 40 hours?


evil cockroach
LSU Fan
27.98N // 86.92E
Member since Nov 2007
5845 posts
 Online 

re: A huge blow to oil and gas production occurred this week and no one noticed
I always thought that was the trade off of hourly versus salary. Hourly, you may make a lot one week and less the next. Salary, consistent pay.


TBoy
Notre Dame Fan
Kalamazoo
Member since Dec 2007
17797 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

Making wage and hour laws oppressive to business is pretty much a feature in your political worldview, isn't it?

No.


stout
Arizona Fan
Smoking Crack with Hunter Biden
Member since Sep 2006
150270 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

On September 9, 2021, the U.S. Fifth Circuit Court of Appeals


quote:

and no one noticed


Because the 5th circuit isn't the last stop


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170
baldona
Auburn Fan
Florida
Member since Feb 2016
15618 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
There’s usually ways around this. An easy way off hand is you pay them less, their new pay rate will just be based on OT pay. So basically you get screwed the first 40 hours making less.



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222
brewhan davey
USA Fan
Audubon Place
Member since Sep 2010
30447 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

Hopefully the Supreme Court will address this


I think it's likely that SCOTUS takes the case on cert, especially because of the significant circuit split on this issue (the First and Second on the one hand, and the Fifth, Sixth, and Eighth on the other).


Kingpenm3
McNeese State Fan
Xanadu
Member since Aug 2011
8142 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
Bunch of baws about to make 199k


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161
777Tiger
LSU Fan
Member since Mar 2011
52555 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

a toolpusher who made more than $200,000.00 per year,


just a drop in the barrel in that bidness, baw


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TBoy
Notre Dame Fan
Kalamazoo
Member since Dec 2007
17797 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

I think it's likely that SCOTUS takes the case on cert, especially because of the significant circuit split on this issue (the First and Second on the one hand, and the Fifth, Sixth, and Eighth on the other).

There is a good chance. When Ho wrote the panel opinion and then the entire court voted to rehear it en banc, I figured the entire Fifth would straighten it out, like they did on punitive damages for seamen when Higginson tried to introduce that. This result is a real shocker.


Tiger Prawn
Member since Dec 2016
18670 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

Unless they are salaried, why wouldn’t they get paid overtime if they work more than 40 hours?
Pretty sure that even salaried employees are entitled to overtime pay so long as they aren’t in a management position or get any part of their pay from commission.


Centinel
Alabama Fan
South Carolina
Member since Sep 2016
36307 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

Pretty sure that even salaried employees are entitled to overtime pay


Not in any state I've ever worked in.

That's the entire reason behind exempt and non-exempt employees.



NIH
LA-Lafayette Fan
Member since Aug 2008
105812 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
No shit

OP wants $15 minimum wage


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120
SuperSaint
Georgia Fan
Sorting Out OT BS Since '2007'
Member since Sep 2007
122424 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
5th has been one of the better circuit courts for a good long while now


I see nothing wrong with protecting wage earners.


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85
Passing Wind
LSU Fan
Dutchtown
Member since Apr 2015
3717 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
LowT in full liberal effect again today.


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91
Sao
SMU Fan
East Texas Piney Woods
Member since Jun 2009
53158 posts

re: A huge blow to oil and gas production occurred this week and no one noticed

Has the O&G lobby been fighting tooth and nail to keep these employees in check?


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11
brewhan davey
USA Fan
Audubon Place
Member since Sep 2010
30447 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

Hopefully the Supreme Court will address this


I thought so as well, particularly with how they have been ruling lately in maritime/offshore cases.


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Passing Wind
LSU Fan
Dutchtown
Member since Apr 2015
3717 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

just a drop in the barrel

Image: https://i.postimg.cc/L6dCtJ1M/E47-EF5-E5-C36-A-4196-83-A6-01-FEBCD36-A3-F.webp
This post was edited on 9/16 at 9:40 am


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60
Sao
SMU Fan
East Texas Piney Woods
Member since Jun 2009
53158 posts

re: A huge blow to oil and gas production occurred this week and no one noticed
quote:

Pretty sure that even salaried employees are entitled to overtime pay so long as they aren’t in a management position or get any part of their pay from commission.


Sheeiiit lol. Don't move to Texas, Baw.


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