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Started By
Message
A huge blow to oil and gas production occurred this week and no one noticed
Posted on 9/16/21 at 9:11 am
Posted on 9/16/21 at 9:11 am
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 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 9/16/21 at 9:12 am
20
Posted on 9/16/21 at 9:13 am to TBoy
Making wage and hour laws oppressive to business is pretty much a feature in your political worldview, isn't it?
Posted on 9/16/21 at 9:13 am to TBoy
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?
Posted on 9/16/21 at 9:14 am to TBoy
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.
Posted on 9/16/21 at 9:14 am to Pettifogger
quote:
Making wage and hour laws oppressive to business is pretty much a feature in your political worldview, isn't it?
No.
Posted on 9/16/21 at 9:14 am to TBoy
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
Posted on 9/16/21 at 9:17 am to TBoy
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.
Posted on 9/16/21 at 9:18 am to TBoy
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).
Posted on 9/16/21 at 9:20 am to TBoy
Bunch of baws about to make 199k
Posted on 9/16/21 at 9:21 am to TBoy
quote:
a toolpusher who made more than $200,000.00 per year,
just a drop in the barrel in that bidness, baw
Posted on 9/16/21 at 9:22 am to brewhan davey
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.
Posted on 9/16/21 at 9:23 am to SPEEDY
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.
Unless they are salaried, why wouldn’t they get paid overtime if they work more than 40 hours?
Posted on 9/16/21 at 9:24 am to Tiger Prawn
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.
Posted on 9/16/21 at 9:26 am to Pettifogger
No shite
OP wants $15 minimum wage
OP wants $15 minimum wage
Posted on 9/16/21 at 9:29 am to TBoy
5th has been one of the better circuit courts for a good long while now
I see nothing wrong with protecting wage earners.
I see nothing wrong with protecting wage earners.
Posted on 9/16/21 at 9:32 am to TBoy
LowT in full liberal effect again today.
Posted on 9/16/21 at 9:33 am to TBoy
Has the O&G lobby been fighting tooth and nail to keep these employees in check?
Posted on 9/16/21 at 9:33 am to TBoy
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.
Posted on 9/16/21 at 9:34 am to 777Tiger
quote:
just a drop in the barrel
This post was edited on 9/16/21 at 9:40 am
Posted on 9/16/21 at 9:34 am to Tiger Prawn
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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