The US Supreme Court granted certiorari [Order] on May 2 to decide whether the Fair Labor Standards Act (FLSA) overtime requirement applies to an employee making over $200,000 per year on the ground that he was paid based on a daily rate, not a weekly, monthly, or annual rate. The case is Helix Energy v. Hewitt.

FLSA regulations have an exemption for certain highly paid employees who perform executive, administrative, or professional duties. The 5th Circuit applied a regulation that states that the exemption applies only if the employee is paid on a "salary basis," and held that being paid on a daily rate is not being paid on a "salary basis."

I expect oral arguments to be scheduled for the fall.