Blog - ERISA and Disability Rights and Benefits - Alabama - The Martin Law Group, LLC

In the recent case, Pavia v. NCAA, NO. 3:24-cv-01336, M.D. TN, Nashville Division, (December 18, 2024), the District Court granted a preliminary injunction to the Vanderbilt quarterback Diego Pavia allowing him to play football in 2025 to 2026. And so, we will see how Pavia leverages his employment opportunity. One thing is certain and that is he will likely enjoy a very handsome paycheck.

You may recall my post back in September about a Fifth Circuit case overruling a district court. Now for the end of the story. Mr. Hewitt was a supervisor working on an offshore oil rig. He received good pay (over $200,000 a year), but he was paid on a daily rate rather than a weekly, biweekly, monthly, or annual rate. Accordingly, he filed suit (above a putative class action) for overtime pay, but the district court ruled against him. Many employers had their eyes on this case. Some may now be scrambling to adjust their methods of payment. Others may be “asleep at the wheel,” and a class action may be looming. While employers can use many “creative” arrangements to avoid overtime, the daily rate salary is difficult to pass muster.