West Virginia University College of Law professor Anne Marie Lofaso recently published in the ABA's PREVIEW of United States Supreme Court Cases. Professor Lofaso comments on an upcoming employment law case, Helix Energy Solutions Group, Inc. v. Hewitt, Docket No. 21-984, to be heard in the October 2022 term. The article is titled "Is a Highly Compensated Employee with Executive Duties Entitled to orExempt from Overtime Pay Under the Fair Labor Standards Act WhereThat Employee Is Paid at a Daily Rate?". Professor Lofaso's contribution appears in volume 50, issue 1 of the journal, published in September 2022.
Case at a Glance:
Michael Hewitt is a highly compensated employee with executive duties who worked for Helix Energy Solutions Group. Helix paid Hewitt at a daily rate. Employees, even highly compensated employees with executive duties, may be entitled to overtime pay under the Fair Labor Standards Act (FLSA) where they are not paid on a salary basis. This case presents a question of regulatory interpretation of the Department of Labor’s salary-basis test.
Find more of Professor Lofaso's scholarship on SSRN and her SelectedWorks scholarship profile.