Consultant With Six-Figure Salary Can't Get OT, 5th Circ. Says

Law360 (August 22, 2019, 7:02 PM EDT) -- The Fifth Circuit has ruled that a lawyer turned consultant wasn't eligible for overtime pay from an oil and gas services firm because his $1,000 daily rate exempted him from federal labor law, with one judge saying the decision illustrates the effects of unchecked executive authority on jurisprudence.

A majority of the panel ruled Wednesday that a lower court properly granted summary judgment to U.S. Shale Solutions LLC in Jeff Faludi's lawsuit claiming the company violated the Fair Labor Standards Act by failing to compensate him for overtime despite his roughly $260,000 yearly salary. By making well over $100,000 a year...

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