Overtime Pay Compliance with the FLSA: Helix Energy Solutions Group, Inc. v. Hewitt and Highly Compensated Employees
On March 30, 2023 by Schnader in PublicationsEric Garcia published an alert, “Overtime Pay Compliance with the FLSA: Helix Energy Solutions Group, Inc. v. Hewitt and Highly Compensated Employees.”
It certainly is not news that the Fair Labor Standards Act (“FLSA”) requires employers to pay employees overtime pay when they work more than 40 hours per week – absent any specifically enumerated exemptions. Related thereto, employers are not required to pay overtime compensation to employees who work “in a bona fide executive, administrative, or professional capacity,” as defined by the United States Department of Labor (“DOL”). Under the DOL’s regulations, an employee must be paid on a “salary basis” to qualify for these exemptions. Additional regulations expand on the salary-basis requirement, as applied to lower-income and higher-income employees.