Skip to main content

Helix Energy Solutions Group, Inc. v. Hewitt

Docket No.21-984
Op. Below5th Cir.
ArgumentOct 12, 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 Elena Kagan on Feb 22, 2023. Justice Gorsuch filed a dissenting opinion. Justice Kavanaugh filed a dissenting opinion in which Justice Alito joined.

Proceedings & orders timeline

Jan 7, 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 7, 2022
Letter of February 7, 2022 pertaining to amicus briefs, received from counsel for the petiitoners.
Feb 9, 2022
Waiver of right of respondent Michael J. Hewitt to respond filed.
Feb 9, 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 5, 2022
Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
Apr 6, 2022
DISTRIBUTED for Conference of 4/22/2022.
Apr 25, 2022
DISTRIBUTED for Conference of 4/29/2022.
May 2, 2022
Petition GRANTED.
May 6, 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 7, 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 8, 2022
Joint appendix filed (statement of cost filed.)
Jul 8, 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 7, 2022
Brief amicus curiae of Massachusetts Nurses Association filed. (Distributed)
Sep 7, 2022
Brief amicus curiae of United States filed. (Distributed)
Sep 7, 2022
Brief amicus curiae of National Nurses United filed. (Distributed)
Sep 7, 2022
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Sep 7, 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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.