Split U.S. Supreme Court Finds Daily-Rate Worker Is Not Executive Under FLSA

Mealey's (February 22, 2023, 12:15 PM EST) -- WASHINGTON, D.C. — An oil rig tool pusher whose pay was calculated on a daily basis and exceeded $200,000 per year does not qualify as a highly compensated executive (HCE) exempt from overtime pay under the Fair Labor Standards Act (FLSA), a divided U.S. Supreme Court ruled Feb. 22, further explaining that establishing that daily-rate workers are paid on a salary basis is dependent on the conditions set out in 29 Code of Federal Regulations Section 541.604(b)....