Day Rate Workers Pay Attention! Are You Denied Overtime? The Supreme Court’s Decision in Hewitt v. Helix Could Mean You Have a Claim

Many oilfield, construction, and other workers are paid a day rate—a flat amount per day, no matter how many hours they work. But a recent U.S. Supreme Court decision, Hewitt v. Helix, clarified that day-rate workers are entitled to overtime pay under the Fair Labor Standards Act (FLSA).

If you’ve been working long hours for a day rate, you could be owed three years of back wages. Here’s what you need to know:

What Happened in Hewitt v. Helix?

• Michael Hewitt was an oil rig worker paid a flat daily rate of about $1,000 per day.

• He regularly worked 84 hours per week but never received overtime pay.

• His employer, Helix Energy Solutions Group, argued that he was exempt from overtime because his total pay was high.

• The Supreme Court disagreed, ruling in 2023 that earning a high income does not automatically make someone exempt from overtime laws.

Why Does This Matter for Day-Rate Workers?

• The Court ruled that under federal law, to be exempt from overtime, employees must be paid on a salary basis—not a day rate.

• A salary means you receive a fixed amount each week, regardless of how many days you work.

• If you’re paid a day rate without a guaranteed weekly salary, you likely qualify for overtime pay.

How Much Could You Be Owed?

• The law allows workers to recover up to three years of back wages if the employer’s violation was willful.

• Overtime pay is calculated at 1.5 times your regular hourly rate for all hours over 40 per week.

• In some cases, workers may also be entitled to additional penalties and legal fees.

Who Could Be Affected?

If you’re in an industry where day rates are common, you may have a claim:

✅ Oilfield workers (rig hands, engineers, consultants, HSE reps)

✅ Construction workers (welders, heavy equipment operators)

✅ Landmen, right-of-way agents, and surveyors

✅ Healthcare and traveling nurses

✅ Other field-based workers paid by the day

What Can You Do?

• Check your pay stubs—if you’re only paid a day rate with no guaranteed weekly salary, you might qualify for unpaid overtime.

• Act quickly! The law limits how far back you can claim unpaid wages (up to three years in some cases).

• Talk to an attorney—employers often fight these claims, but the law is on your side.

Take Action Now

If you’ve been working long hours without overtime pay, you may be owed thousands of dollars. Our law firm has helped over 10,000 employees recover unpaid wages, and we can help you too.

📞 Call Kennedy Law Firm at 713-425-6445 for a Free Consultation

📧 Email us at [email protected]

💻 Visit www.kennedyattorney.com to Learn More

Don’t wait—your right to recover unpaid wages has a time limit. Find out what you could be owed today!