Fifth Circuit Allows Employer’s Hybrid Pay Plan for Exempt Oilfield Workers

In this interlocutory appeal limited to the salary basis component of the highly compensated employee exemption from overtime under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Fifth Circuit held an oilfield drilling employee paid under a hybrid compensation arrangement comprised of a fixed biweekly salary plus additional “day-rate” and bonus components, was paid on a salary basis.... By: Jackson Lewis P.C.