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

Posted on 9/16/21 at 9:35 am to
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 9/16/21 at 9:35 am to
quote:

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.


Most people consider "salary" to be those who qualify for overtime exemption. That's not something one can just opt into, but requires that you meet certain conditions - one of those being you have to perform executive, administrative, or professional duties. If you don't, your employer has to pay overtime.
Posted by wadewilson
Member since Sep 2009
36561 posts
Posted on 9/16/21 at 9:36 am to
quote:

Salary, consistent pay.


And consistently overworked.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11218 posts
Posted on 9/16/21 at 9:37 am to
Maybe they need to stop fricking their employees over. If as conservative as it gets circuit rules against you , you are dead meat at Scotus.

Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 9/16/21 at 9:38 am to
quote:

Most people consider "salary" to be those who qualify for overtime exemption. That's not something one can just opt into, but requires that you meet certain conditions - one of those being you have to perform executive, administrative, or professional duties. If you don't, your employer has to pay overtime.
so in no shape or form. ‘tool pusher’ which the original post mentioned
Posted by Kankles
Member since Dec 2012
5914 posts
Posted on 9/16/21 at 9:38 am to
quote:

huge blow


quote:

damages for seamen


quote:

TBoy


Posted by Twenty 49
Shreveport
Member since Jun 2014
18770 posts
Posted on 9/16/21 at 9:39 am to
quote:

All five Trump appointees (Ho, Willett, Duncan, Oldham and Wilson) voted in favor of this ridiculous result


Six. Trump appointee Engelhardt also joined the opinion.

But it really has little to do with their politics. The majority group and the dissenters are mixed bags of Ds and Rs. Ho and Jones are about as right as they come, and they disagreed.

It's just a bunch of judges trying to decipher some language and coming to different good faith results.

The oil companies can try to get the regulations revised, or they can get their clever lawyers to develop pay methods that comply with the current regs.
I bet they can figure it out.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 9/16/21 at 9:40 am to
quote:

tLSU

I was worried about you Baw!! Glad you’re okay
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11218 posts
Posted on 9/16/21 at 9:40 am to
quote:

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


It's a federal law, Texas ain't got squat to do with it
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 9/16/21 at 9:41 am to
quote:

good faith results.

Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 9/16/21 at 9:41 am to
Didn't know that dude. Crazy story.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65776 posts
Posted on 9/16/21 at 9:42 am to

Really? Explain to me then what your corporate equivalent of a Tool Pusher would be.
Posted by TigerOnTheMountain
Higher Elevation
Member since Oct 2014
41773 posts
Posted on 9/16/21 at 9:47 am to
quote:

All five Trump appointees


This is what you’re really upset about, (low)TBoy.
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 9/16/21 at 9:48 am to
quote:

so in no shape or form. ‘tool pusher’ which the original post mentioned


OP's characterization is wildly off in many ways.

Employee according to opinion did perform managerial duties. However, Helix chose to pay him at a daily rate, which would have been fine had they guaranteed the minimum weekly required to make the salary regardless of the number of hours or days worked in a week. They structured the pay illegally.

It's a plain language of a statute case. Nothing groundbreaking.
Posted by Bama Bird
Member since Dec 2011
Member since Mar 2013
19036 posts
Posted on 9/16/21 at 9:49 am to
Yeah I don't get paid OT. I rarely have to work over but when I do, I just get the predetermined amount for that day
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8141 posts
Posted on 9/16/21 at 9:53 am to
quote:

Explain to me then what your corporate equivalent of a Tool Pusher would be.


Maybe Site Manager or Project Manager

Posted by mdomingue
Lafayette, LA
Member since Nov 2010
30313 posts
Posted on 9/16/21 at 9:56 am to
Barring a contract that stipulates otherwise, that has been the law for as long as I have been working. I'm about to turn 60.

Most companies do this anyway. Some companies, like every major oil company that I people I know work for, even pay an offshore differential to their employees.

This is not a blow to anyone really. It's all about the contract.
Posted by Cdub_tiger
Baton Rouge
Member since Dec 2013
311 posts
Posted on 9/16/21 at 9:57 am to
Hopefully this is not retroactive.
Posted by baldona
Florida
Member since Feb 2016
20461 posts
Posted on 9/16/21 at 10:01 am to
Where’s the sympathy for this going to come from? $200,000 for working half the year oj a job that would probably be lucky to make $75,000 on land commuting to work daily? I mean it’s not like this guy was working 65 hours a week with no vacation and making $35,000
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45774 posts
Posted on 9/16/21 at 10:11 am to
quote:

Unless they are salaried, why wouldn’t they get paid overtime if they work more than 40 hours?
Likely, they WERE salaried, but were misclassified intentionally in order to avoid overtime hours.

I'm salaried, generally work 60 hours or more in a week and don't get extra pay for that. In exchange, the company can't tell me when to work (although there is an expectation of when), as long as I'm getting my job done, so if I decide to go shopping, play golf or sit around and masturbate all day long, they don't care, as long as I'm getting my work done and providing revenue and care for my clients. In exchange for that, the company gets me when they need me for weekends and nighttime travel. As far as I'm concerned, it all works out okay.

Now, in this case, it appears that there WAS an expectation to work these extra hours, and the company WAS telling the employee when to work. If that is the case, the court may have it right.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45774 posts
Posted on 9/16/21 at 10:17 am to
quote:

Kankles
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