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