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Day rate

Day rate vs hourly: which actually pays more?

A day rate is one number, and it is usually the bigger number. That is most of why it gets accepted. But a day rate is also the pay structure the Supreme Court looked at in 2023 and said something surprising about — and for a 12-hour hitch worker, what it said is worth more than the entire difference between the two offers.

Short answer
$600/day beats $35/hr by $17,033 a year
On a 14/7 rotation of 12-hour days. To match the day rate on an hourly ticket you would need $39.62/hr. That is the easy half of the question — the hard half is further down.

The rotation we’ll use

14 days on, 7 days off, 12-hour days. That is 168 hours a hitch and a 21-day cycle, which repeats 17.38 times a year. Every figure below is that same schedule, single filer, Texas, no pre-tax deductions — so the only thing changing between the two columns is how you are paid, not what you work.

Side one: the day rate

A day rate is flat. Twelve hours or sixteen, it pays the same, which is exactly what makes it simple and exactly what makes it worth checking.

LineAmount
14 days × $600.00$8,400.00
Hitches per year17.38
Gross per year$146,000

Spread across the 168 hours you actually work, that is $50.00 an hour. Hold on to that figure — it does more work later in this page than it looks like it should.

Side two: $35 an hour, with overtime

Overtime is federal, weekly, and it is calculated per workweek — not per hitch and not per pay period. At 12-hour days, each 7-day stretch is 84 hours: 40 at straight time and 44 at time and a half.

Per 7-day weekAmount
40 regular hours × $35.00$1,400.00
44 overtime hours × $52.50$2,310.00
Weekly gross$3,710.00

Two of those weeks make a hitch: $7,420, or $128,967 a year. The overtime is doing most of the lifting — 44 of your 84 weekly hours are paid at the higher rate, which is why the effective rate comes out at $44.17/hr rather than $35.

One honest caveat. Your employer defines the workweek, and a 14-day hitch does not always land neatly inside two of them. If your hitch straddles three payroll weeks the regular/overtime split moves, and so does the total. Two clean 84-hour weeks is the standard illustration, not a promise about your stub.

Head to head

Per year$600/day$35/hr
Gross$146,000$128,967
Total tax−$34,943−$29,552
Effective tax rate23.9%22.9%
Take-home$111,057$99,415

The day rate wins by $17,033 gross and $11,642 in the bank. Same hours, same rig, same state. On the face of it the answer is settled.

The part nobody prices

Here is the thing that almost never comes up when a day rate is offered: being paid a day rate does not, by itself, mean you are exempt from overtime.

In Helix Energy Solutions Group, Inc. v. Hewitt, decided 22 February 2023, the Supreme Court considered Michael Hewitt, a toolpusher on an offshore rig who typically worked 84 hours a week, was paid a flat daily rate with no overtime, and earned over $200,000 a year. Helix argued he was plainly a highly compensated exempt employee. The Court, in an opinion by Justice Kagan, disagreed: a worker paid a daily rate with no guaranteed weekly amount is not paid on a “salary basis,” so the exemption does not apply — regardless of how much he earns.

If a day-rate worker is non-exempt, the way overtime is calculated is set out in 29 CFR §778.112, which is short enough to quote in full:

“If the employee is paid a flat sum for a day’s work or for doing a particular job, without regard to the number of hours worked in the day or at the job, and if he receives no other form of compensation for services, his regular rate is determined by totaling all the sums received at such day rates or job rates in the workweek and dividing by the total hours actually worked. He is then entitled to extra half-time pay at this rate for all hours worked in excess of 40 in the workweek.”

Read that against the numbers at the top of this page. Seven days at $600 is $4,200 for 84 hours, so the regular rate is $50.00 an hour — the figure from the day-rate table. The extra half-time is $25.00 an hour, on 44 overtime hours.

Half-time premiumAmount
44 OT hours × $25.00, per week$1,100.00
Per 14-day hitch$2,200.00
Per year$38,238

$38,238 is more than twice the $17,033 that made the day rate look like the better offer. It would take the day-rate package to $184,238 gross and $137,193 in the bank, and the effective rate from $50.00 to $63.10 an hour. The choice between the two offers is a rounding error next to the question of which side of the exemption you are on.

When a day rate is exempt

Sometimes it genuinely is, and the route is 29 CFR §541.604(b). An exempt employee’s pay may be computed on an hourly, daily or shift basis — but only if the arrangement also includes a guarantee of at least the minimum weekly amount paid on a salary basis regardless of the number of hours, days or shifts worked, and a reasonable relationship exists between that guaranteed amount and what is actually earned.

The regulation’s own example: an employee guaranteed $725 a week who normally works four or five shifts may be paid $210 a shift. Actual earnings of $840 to $1,050 against a $725 guarantee — roughly one and a half to one. That ratio is the shape of the test.

So the question is not “am I on a day rate?” It is “is there a guaranteed weekly amount in my arrangement at all?” In most oilfield day-rate work there is not. If you work three days, you are paid for three days. That is precisely the fact pattern in Helix.

How to check your own

This is arithmetic, not legal advice. Whether any particular worker is exempt depends on the full arrangement and on the duties. If your numbers look like the ones on this page, put the question to your employer’s payroll department in writing, and consider the US Department of Labor’s Wage and Hour Division or an employment lawyer — most will look at a stub for nothing.

What this leaves you with

Per year, 14/7 at 12-hour daysGrossTake-home
$35/hr with weekly overtime$128,967$99,415
$600/day, no overtime$146,000$111,057
$600/day with the half-time premium$184,238$137,193

Between the first two lines is a negotiation. Between the second and the third is a question of law that is worth $26,136 a year after tax — and it is the one nobody asks at the interview.

Run your own day rate

Put in your day rate or your hourly rate, your rotation and your hours, and Cimplora gives you take-home per day, week, hitch, month and year, with every deduction itemised and the overtime split shown. No account, no sign-up — your pay data stays on your own device.

Open the calculator

Common questions

Does a day rate mean I don’t get overtime?
No. A day rate is a method of calculating pay, not an exemption from overtime. In Helix Energy Solutions Group v. Hewitt (2023) the Supreme Court held that a worker paid a daily rate with no guaranteed weekly amount is not paid on a salary basis, so the highly compensated employee exemption did not apply — even though he earned over $200,000 a year.
How is overtime calculated on a day rate?
Under 29 CFR §778.112, you total the day-rate pay received in the workweek and divide by the hours actually worked to get the regular rate. You are then owed an extra half of that rate for every hour over 40 that week. At $600 a day over an 84-hour week, the regular rate is $50.00 and the premium is $25.00 an hour on 44 hours — $1,100 a week.
Is $600 a day better than $35 an hour?
On a 14/7 rotation of 12-hour days, yes on the face of it: $146,000 against $128,967 gross, a difference of $17,033 a year. You would need $39.62 an hour to match it. But the hourly ticket already includes overtime, and the day rate may still owe it.
Can a day rate ever be exempt from overtime?
Yes, under 29 CFR §541.604(b), if the arrangement also guarantees at least the minimum weekly amount on a salary basis regardless of days worked, and that guarantee bears a reasonable relationship to actual earnings. The regulation’s own example is a $725 weekly guarantee against $210 a shift for four or five shifts.
How far back can unpaid overtime be claimed?
Under 29 U.S.C. §255(a), generally two years from when the claim accrued, or three years if the violation was willful.
What is my effective hourly rate on a day rate?
Day rate times days worked, divided by hours actually worked. $600 a day on 12-hour days is $50.00 an hour. If a half-time premium is owed on top, it becomes $63.10.

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