Supreme Court Confirms High-Wage Earner Paid Daily Rate Is Entitled to Overtime

Perhaps not surprisingly, last week in a 6-3 decision, the U.S. Supreme Court in Helix Energy Solutions Group, Inc. et al., v. Hewitt held that, despite earning more than $200,000 per year, an employee earning a daily rate is not exempt from overtime pay under the Fair Labor Standards Act (FLSA). The court analyzed whether the plaintiff fell within the “bona fide executive” exemption to the FLSA, finding that he did not because he was not paid on a “salary basis.”