Bloomberg Law
April 20, 2020, 6:54 PM

Rig Worker on Daily Pay Gets Second Shot at Overtime Eligibility

Maeve Allsup
Maeve Allsup
Legal Reporter

Employees paid per day aren’t on salary, and therefore aren’t exempt from overtime, the Fifth Circuit ruled Monday, overturning summary judgment in favor of an offshore oil production company.

Michael Hewitt managed workers on an offshore oil rig for Helix Solutions Group, spending around a month at a time on the rig. Hewitt was paid a set amount for each day worked, and received paychecks biweekly. Hewitt worked more than 40 hours a week, but wasn’t compensated for overtime, his suit said.

The district court said that because Hewitt earned $1,341 daily, he was exempt from overtime pay. Under the ...