Appellate Case: 21-1188 Document: 010110835329 Date Filed: 03/30/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT March 30, 2023 _________________________________ Christopher M. Wolpert Clerk of Court VINCENT SCOTT, individually and on behalf of all others similarly situated,

Plaintiff - Appellant,

v. No. 21-1188 (D.C. No. 1:17-CV-00693-WJM-SKC) ANTERO RESOURCES CORP., (D. Colo.)

Defendant - Appellee. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MATHESON, PHILLIPS, and EID, Circuit Judges. _________________________________

Plaintiff-Appellant Vincent Scott appealed the district court’s order granting

summary judgment to Defendant-Appellee Antero Resources Corp. on his overtime

claim under the Fair Labor Standards Act. The district court’s summary judgment

order concluded that Mr. Scott was paid on a “salary basis” under 29 C.F.R.

§ 541.602(a), was therefore a “bona fide executive,” and was not entitled to

overtime. App., Vol. 18 at 4721-22. We abated this appeal pending the Supreme

Court’s decision in Helix Energy Solutions Group, Inc., et al., v. Michael J. Hewitt,

143 S. Ct. 677 (2023). On February 22, 2023, the Court held that an employee whose

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 21-1188 Document: 010110835329 Date Filed: 03/30/2023 Page: 2

pay “is [] a function of how many days he has labored” is not paid on a “salary

basis.” Id. at 686; see id. at 682, 692. We asked for supplemental briefing in light of

Helix. In their supplemental briefs, the parties agree the district court’s summary

judgment order cannot stand under Helix. We therefore REVERSE and VACATE the

district court’s order granting summary judgment in favor of Antero Resources and

REMAND for further proceedings consistent with Helix.

Entered for the Court

Per Curiam

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