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Fifth Circuit Declares Day-Rate Workers, even Those Earning over $200K/Year, Not Exempt—Unless the Employer Also Pays a Weekly Guaranteed Amount

Employment Law, FLSA

September 14, 2021 / Dennis P. Duffy

By: Dennis P. Duffy1

In an en banc decision that the dissent predicted will wreck needless and excessive suffering to the “oyl biddness,” the Fifth Circuit held that a day rate—even for employees earning over $200k a year—does not meet the salary basis test for exempt status under the Fair Labor Standards Act (“FLSA”), unless the employer also provides a minimum weekly guarantee that the employee must earn regardless of hours worked. Hewitt v. Helix Energy Solutions, No. 19-20023 (5th Cir. September 9, 2021) (en banc).  

Dennis P. Duffy

As Pandemic Eases, New DOL, OSHA, and TWC Rules Inform Both Employees and Employers

Employment Law

June 14, 2021 / Andrea Johnson

New DOL, OSHA, and TWC Rules Inform Both Employees and Employers, as Pandemic Eases[1]

A. New Standard Issued by DOL Aimed at Protecting At-Risk Workers in Healthcare

On June 10, 2021, the Department of Labor (“DOL”) issued a highly anticipated emergency temporary standard (“ETS”) setting workplace safety parameters for employers in the healthcare sector during COVID-19. What does this new standard mean for employers?

Andrea Johnson

Texas “Anti-Vaccination Passport” Law

Employment Law

June 10, 2021 / Dennis P. Duffy

On May 7th, 2021, Texas Governor Greg Abbott signed a law banning COVID-19 “vaccine passports” effective immediately. So, what does SB 968 mean for employers? Does SB 968 prevent an employer from requiring employees to show proof of vaccination […]

Dennis P. Duffy

Issue of Control Dictates Duty Owed to Subcontractor’s Employees

Employment Law

June 3, 2021

A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]

Issue of Control Dictates Duty Owed to Subcontractor's Employees

Contractors

May 27, 2021

A general contractor owes a duty of care to its independent contractor's employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor's work according to the Texas Supreme […]

Waiver of Subrogation Provisions in Construction Contracts - Part Two

Insurance Coverage

May 11, 2021

In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract.  Even where the […]

Paid Sick Leave Post-FFCRA

FFCRA, Sick Leave

May 4, 2021

Although many employers provide paid sick leave as a benefit for their employees, no federal law currently requires private employers to provide paid sick leave. Last year, Congress passed the Families First Coronavirus Response Act ("FFCRA" […]