Supreme Court 2022-23 term: major employment cases pending

The U.S. Supreme Court has a number of major cases on its agenda this term, including three that could have a major impact on employment law as we know it. The three cases are on the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and last but certainly not least affirmative action.

Upcoming cases

Helix Energy Solutions Group, Inc. v. Hewitt. On October 12, 2022, the Supreme Court heard oral argument on how the FLSA regulations define salaries in a case on whether an oil rig worker earning more than $200,000 a year is entitled to overtime pay because he was paid on a daily basis rather than on a “salaried” basis. The case comes down to the relationship between the regulations that govern the overtime pay exemptions for highly compensated executives. Under the regulations, day-rate pay does not amount to a salary, which the liberal justices focused on.

The conservative justices focused on the practical implications of paying overtime to individuals making over $100,000 per year, implying the employer would win if the case turned on the FLSA statute rather than the regulations even though that question was not before the Court. Even though this issue is not before the Court, the conservative justices may use this case to rein in agency regulations.