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KRCL CLE| Overtime in the Energy Industry: Has the Overtime Pandemic Run its Course or Not?

Thursday, June 30, 2022

Complimentary Breakfast Program

Free Parking

5151 San Felipe

Sage Plaza Training Center – Ground Floor (Live Oak Room) 

Presentation: 12:00 – 1:00 p.m.

Registration: 11:30 a.m.

Please join us for a one-hour talk by Andrea Johnson (“AJ”), the Co-chair of KRCL’s Labor and Employment Group, joined with Michael Twomey, a Texas Board-certified employment lawyer.  In this discussion, AJ and Michael will review where overtime litigation has been and its impact in the energy field, and what the future seems to be.

Overtime litigation can be financially devastating, not only because the recovery of double damages (liquidated damages) and attorneys’ fees is possible, but because multiple plaintiffs can form a “class” or “collective action” in one case.  In the decade or so of these costly lawsuits, particularly in the oil patch, what changes have been wrought in compensating managers and working hands drilling for oil?  What is on the horizon?  What kinds of companies are now being targeted?  The talk will also focus on recent Fifth Circuit cases concerning the definition of a contractor for overtime purposes.  How do employers properly classify workers and what are the trouble areas to avoid?  Also, the program will look at the “highly compensated” day-rate case (“Helix Energy Solutions”)  that is now before the United States Supreme Court, and we will see what the dangers are here and what the outcome may be and why (our best crystal ball).   Finally, AJ and Michael will focus on best practices to avoid litigation.  Your questions are welcome. 

You might be interested in this talk if you:

  • Engage contractors and are not sure who is and who is not (really) a contractor.
  • Are concerned about the potential for expensive overtime litigation and seek best practices to avoid that litigation.
  • Have “high earners” making more than $107,432 a year and it is unclear if their work is “exempt" from overtime.
  • Are concerned that other employees or classes of employees in your company may not be "exempt."
  • Pay employees day rates or periodic bonuses and wonder if that compensation is included in overtime calculations. 
  • Plan and/or administer pay systems and need to understand the basics.

The complimentary program includes breakfast, easy parking, and CLE, CPE and SHRM credit.  Come in, gain an understanding of overtime issues, get your credit, and leave by 9 a.m., to start your day.

Click here to RSVP.