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Is A Highly Compensated Employee With Executive Duties Entitled To Or Exempt From Overtime Pay Under The Fair Labor Standards Act Where That Employee Is Paid At A Daily Rate?, Anne Marie Lofaso

Law Faculty Scholarship

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.