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HEWITT v. HELIX ENERGY SOLUTIONS GROUP, INC.

No. 19-20023.

983 F.3d 789 (2020)

Michael J. HEWITT, Plaintiff-Appellant, v. HELIX ENERGY SOLUTIONS GROUP, INCORPORATED; Helix Well Ops, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 21, 2020.

Attorney(s) appearing for the Case

Edwin Sullivan, Esq. , Oberti Sullivan, L.L.P., Houston, TX, for Plaintiff-Appellant.

Michael Carter Crow , Kimberly Frances Cheeseman , Katherine D. Mackillop, Esq. , Jesika Jasmine Silva Blanco , Norton Rose Fulbright US, L.L.P., Houston, TX, for Defendants-Appellees.

Robert Peter Lombardi, Esq. , Kullman Firm, New Orleans, LA, for Amici Curiae Independent Petroleum Association of America, and Offshore Operators Committee.

David B. Jordan , Littler Mendelson, P.C., Houston, TX, for Amicus Curiae Texas Oil & Gas Association, Incorporated.

Before Wiener, Higginson, and Ho, Circuit Judges.

Our prior opinion in this case is withdrawn, and the following is substituted in its place. The petition for rehearing en banc remains pending.

* * *

The Fair Labor Standards Act establishes a standard 40-hour work week by requiring employers to pay a 50 percent overtime penalty for any time worked over...

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