Helix Energy Solutions Group, Inc. v. Hewitt

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-984	5th Cir.	Oct 12, 2022	Feb 22, 2023	6-3	Kagan	OT 2022

Holding: Respondent Michael Hewitt was not an executive exempt from the Fair Labor Standards Act"s overtime pay guarantee; daily-rate workers, of whatever income level, qualify as paid on a salary basis only if the conditions set out in 29 C.F.R. " 541.604(b) are met.

Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on February 22, 2023. Justice Gorsuch filed a dissenting opinion. Justice Kavanaugh filed a dissenting opinion in which Justice Alito joined.

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Date	Proceedings and Orders (key to color coding)
01/07/2022	Petition for a writ of certiorari filed. (Response due February 10, 2022)
01/25/2022	Blanket Consent filed by Petitioner, Helix Energy Solutions Group, Inc., et al.
01/27/2022	Letter of January 25, 2022 pertaining to the corporate discosure statement, received from counsel for the petiitoners.
02/07/2022	Letter of February 7, 2022 pertaining to amicus briefs, received from counsel for the petiitoners.
02/09/2022	Waiver of right of respondent Michael J. Hewitt to respond filed.
02/09/2022	Brief amici curiae of Texas Oil and Gas Association, Inc. and The American Petroleum Institute filed.
02/10/2022	Brief amici curiae of Independent Petroleum Association of America and Offshore Operators Committee filed.
02/10/2022	Brief amici curiae of Mississippi, et al. filed.
02/16/2022	DISTRIBUTED for Conference of 3/4/2022.
02/18/2022	Response Requested. (Due March 21, 2022)
03/21/2022	Brief of respondent Michael J. Hewitt in opposition filed.
04/05/2022	Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
04/06/2022	DISTRIBUTED for Conference of 4/22/2022.
04/25/2022	DISTRIBUTED for Conference of 4/29/2022.
05/02/2022	Petition GRANTED.
05/06/2022	Motion for an extension of time to file the briefs on the merits filed.
05/26/2022	Motion for an extension of time to file the briefs on the merits filed.
06/07/2022	May 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.
06/14/2022	ARGUMENT SET FOR Wednesday, October, 12, 2022.
06/22/2022	Record requested from the 5th Circuit.
06/22/2022	The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
06/23/2022	The record from the U.S.D.C. Southern District of Texas (Houston) has been electronically filed.
07/08/2022	Joint appendix filed (statement of cost filed.)
07/08/2022	Brief of petitioners Helix Energy Solutions Group, Inc., et al. filed.
07/13/2022	Brief amicus curiae of Independent Petroleum Association of America filed.
07/15/2022	Brief amici curiae of States of Mississippi, et al. filed.
07/15/2022	Brief amici curiae of Texas Oil and Gas Association, Inc., et al. filed.
07/15/2022	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
07/21/2022	CIRCULATED
08/31/2022	Brief of respondent Michael J. Hewitt filed. (Distributed)
09/07/2022	Brief amicus curiae of Massachusetts Nurses Association filed. (Distributed)
09/07/2022	Brief amicus curiae of United States filed. (Distributed)
09/07/2022	Brief amicus curiae of National Nurses United filed. (Distributed)
09/07/2022	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
09/07/2022	Motion 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.
09/28/2022	Motion 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.
09/30/2022	Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
10/12/2022	Argued. 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.)
02/22/2023	Adjudged 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.
03/27/2023	Judgment issued.