IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19-20023 United States Court of Appeals Fifth Circuit

FILED MICHAEL J. HEWITT, April 20, 2020 Lyle W. Cayce Plaintiff - Appellant Clerk v. HELIX ENERGY SOLUTIONS GROUP, INCORPORATED; HELIX WELL OPS, INCORPORATED,

Defendants - Appellees

Appeal from the United States District Court for the Southern District of Texas

Before WIENER, HIGGINSON, and HO, Circuit Judges. JAMES C. HO, Circuit Judge: A panel of this court recently divided over the proper interpretation of a Labor Department regulation issued under the Fair Labor Standards Act (FLSA). See Faludi v. U.S. Shale Sols., 936 F.3d 215 (5th Cir. 2019), opinion withdrawn, 950 F.3d 269 (5th Cir.