Supreme Court of the United States · Official docket →
Helix Energy Solutions Group, Inc., et al. v. Michael J. Hewitt
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-20023 · judgment September 9, 2021
Before the decision, about 6.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.
Question presented
Respondent was a supervisor on Helix's offshore vessels and was compensated commensurate with his high-ranking position. Every two weeks, Helix paid Respondent at least $963 for each day that he worked. In all, Respondent earned $248,053 in 2015, $218,863 in 2016, and $143,680 in the eight months he worked for Helix in 2017. After his performancerelated release, Respondent sued Helix under the Fair Labor Standards Act ("FLSA"), claiming that he was also entitled to substantially more in retroactive overtime pay. The FLSA sensibly exempts many highly compensated supervisors from the Act's overtime requirements. Specifically, employees who perform executive duties, earn at least $100,000 per year, and receive at least $455 per week paid on a salary basis are "deemed exempt." 29 C.F.R. §541.601(a). It is undisputed that Respondent performed executive duties and met the annual earnings threshold. Nevertheless, a sharply divided en banc Fifth Circuit ruled that Respondent was non-exempt and entitled to retroactive overtime pay because he was paid based on a daily rate, not a weekly rate, even though his daily rate was more than twice the weekly minimum. The majority reached that counterintuitive conclusion only by applying a separate provision, 29 C.F.R. §541.604, that the First and Second Circuits have both held inapplicable when determining whether highly compensated employees are exempt. The question presented is: Whether a supervisor making over $200,000 each year is entitled to overtime pay because the standalone regulatory exemption set forth in 29 C.F.R. §541.601 remains subject to the detailed requirements of 29 C.F.R. §541.604 when determining whether highly compensated supervisors are exempt from the FLSA's overtime-pay requirements.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Samuel Charles Kaplan
Boies Schiller Flexner LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
3 cert-stage · 8 merits
(4 supporting pet./neither, 4 respondent)
Argument & decision
Argued October 12, 2022 — Paul D. Clement · Edwin Sullivan. Audio and transcript
Decided February 22, 2023. Opinion by Kagan.
Proceedings
- Mar 27 2023Judgment issued.
- Feb 22 2023Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion. Kavanaugh, J., filed a dissenting opinion in which Alito, J., joined.
- Oct 12 2022Argued. For petitioners: Paul D. Clement, Alexandria, Va. For respondent: Edwin Sullivan, Houston, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Sep 30 2022Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
- Sep 28 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Sep 07 2022Brief amicus curiae of Massachusetts Nurses Association filed. (Distributed)
- Sep 07 2022Brief amicus curiae of United States filed. (Distributed)
- Sep 07 2022Brief amicus curiae of National Nurses United filed. (Distributed)
- Sep 07 2022Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
- Sep 07 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Aug 31 2022Brief of respondent Michael J. Hewitt filed. (Distributed)
- Jul 21 2022CIRCULATED
- Jul 15 2022Brief amici curiae of States of Mississippi, et al. filed.
- Jul 15 2022Brief amici curiae of Texas Oil and Gas Association, Inc., et al. filed.
- Jul 15 2022Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Jul 13 2022Brief amicus curiae of Independent Petroleum Association of America filed.
- Jul 08 2022Joint appendix filed (statement of cost filed.)
- Jul 08 2022Brief of petitioners Helix Energy Solutions Group, Inc., et al. filed.
- Jun 23 2022The record from the U.S.D.C. Southern District of Texas (Houston) has been electronically filed.
- Jun 22 2022Record requested from the 5th Circuit.
- Jun 22 2022The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
- Jun 14 2022ARGUMENT SET FOR Wednesday, October, 12, 2022.
- Jun 07 2022May 26, 2022 motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 8, 2022. The time to file respondent's brief on the merits is extended to and including August 31, 2022.
- May 26 2022Motion for an extension of time to file the briefs on the merits filed.
- May 06 2022Motion for an extension of time to file the briefs on the merits filed.
- May 02 2022Petition GRANTED.
- Apr 25 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 06 2022DISTRIBUTED for Conference of 4/22/2022.
- Apr 05 2022Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
- Mar 21 2022Brief of respondent Michael J. Hewitt in opposition filed.
- Feb 18 2022Response Requested. (Due March 21, 2022)
- Feb 16 2022DISTRIBUTED for Conference of 3/4/2022.
- Feb 10 2022Brief amici curiae of Independent Petroleum Association of America and Offshore Operators Committee filed.
- Feb 10 2022Brief amici curiae of Mississippi, et al. filed.
- Feb 09 2022Waiver of right of respondent Michael J. Hewitt to respond filed.
- Feb 09 2022Brief amici curiae of Texas Oil and Gas Association, Inc. and The American Petroleum Institute filed.
- Feb 07 2022Letter of February 7, 2022 pertaining to amicus briefs, received from counsel for the petiitoners.
- Jan 27 2022Letter of January 25, 2022 pertaining to the corporate discosure statement, received from counsel for the petiitoners.
- Jan 25 2022Blanket Consent filed by Petitioner, Helix Energy Solutions Group, Inc., et al.
- Jan 07 2022Petition for a writ of certiorari filed. (Response due February 10, 2022)