The U.S. District Court for the District of Colorado decided that a sufficiently high day rate, although not a “salary” per se, was sufficient to satisfy the “salary basis” requirement for the FLSA’s white collar exemptions. Scott v. Antero Resources Corp., Case 1:17-cv-00693-WJM-SKC. The decision addressed a pay practice common in certain industries but questionable as applied to the white-collar exemptions.

Plaintiffs worked for Antero as drilling consultants and were classified as independent contractors. Plaintiffs alleged that they were improperly classified as independent contractors and were thus employees who were owed overtime compensation. READ MORE