Wilson highlighted that his weekly salary accounted for only 28.5% of his total compensation, with the remaining 71.5% coming from variable daily pay. He argued that the Tenth Circuit’s interpretation deprived workers like him of the overtime protections intended by the FLSA.
Schlumberger, however, countered that Wilson was indeed paid on a salary basis and that the additional compensation did not alter his exempt status. The company maintained that the bonuses fell under Section 541.604(a) of the regulations, which allows for additional compensation on any basis, rather than Section 541.604(b), which pertains to hourly, daily, or per-shift payments.
The Supreme Court’s refusal to hear the case comes after a significant ruling in February 2023 in Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, where the justices held that high-earning professionals can only be exempt from overtime if paid on a salary basis. Wilson had cited this ruling in his petition, hoping it would influence the court’s decision.
