# Gilchrist v. Schlumberger

> Court of Appeals for the Fifth Circuit · July 14, 2025

URL: https://www.frixlaw.com/law-library/cases/11099318

## Case

- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 14, 2025
- **Precedential status:** Published
- **Opinion:** Opinion
- **Nature of suit:** Private Civil Federal
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit

FILED
No. 22-50257 July 14, 2025
____________
Lyle W. Cayce
Clerk
John Gilchrist; Byron Brockman,

Plaintiffs—Appellees,

versus

Schlumberger Technology Corporation,

Defendant—Appellant.
______________________________

Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:16-CV-8
______________________________

Before Jones, Richman, and Ho, Circuit Judges.
Per Curiam:
John Gilchrist and Byron Brockman sued their former employer,
Schlumberger Technology Corp., for failure to pay them overtime in
violation of the Fair Labor Standards Act (FLSA). We hold that Gilchrist
and Brockman qualify as highly compensated employees exempt from the
Fair Labor Standards Act’s (FLSA’s) overtime pay requirement because
they performed administrative duties. See 29 U.S.C. § 213(a)(1); 29 C.F.R.
§ 541.601(a). We therefore REVERSE and REMAND the judgment with
instructions to dismiss.
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I. Background
Schlumberger Technology Corp. (Schlumberger) provides oilfield
services to clients engaged in the exploration and development of oil and
natural gas. Its clients “are oil exploration and development companies who
operate oil rigs and well sites and their general business is the drilling of
wells.” Gilchrist and Brockman worked for Schlumberger as Measurements
While Drilling Field Specialists (MWDs). MWDs give Schlumberger
clients “‘downhole’ information such as drilling trajectory, pressure, and
temperature,” which the clients use “to determine how to continue drilling
and how to best produce hydrocarbons.”
MWDs are essential because the data they provide ensures that the
directional driller steers the well on the correct path. The potential negative
consequences of a mistake by a MWD include loss of productive time,
drilling outside the lease, or even a well collision, which could lead to an
explosion. If an issue regarding the data or directionality arises, the MWD
is “[g]enerally” the first person to identify that issue by calling attention to
something in the data log that looks unusual. Thus, the MWD is “providing
the client and the directional driller with real-time information without a
second layer of review . . . [m]ost of the time” and is “responsible for making
real-time decisions that are critical to the drilling operations.” However, the
MWD rarely interacts with the client directly; Gilchrist testified that he
“didn’t have much involvement with the company man on location, if at all,”
the company man being the client’s representative on the rig.
When Gilchrist and Brockman worked for Schlumberger, they
commenced work at a well site by “rigging up” their equipment, including
the computers in their trailer and the cables connecting the computers to the
oil rig used to drill wells. After rigging up, Gilchrist and Brockman generally
stayed in their trailer and monitored the data that came from the tools hooked

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up to the rig. Though the MWDs rigged up their equipment, the driller and
rig crew (non-Schlumberger employees) actually controlled the movement of
the MWD tools as part of operating the rig.
The collected data are decoded with computer software, which
determines whether the data fall within the “field acceptance criteria” and
displays the corresponding data as green or red accordingly. If the survey
came in as green, the MWD “would accept it and . . . share that information
with the directional driller,” who would determine “based off of the well plan
on his own computer whether or not he needed to make adjustments to the
well itself.” If the data came in red, the MWD alerted the directional driller
and then ran the survey again. Rerunning the survey required contacting the
driller on the rig floor and instructing him to repeat the survey process
because the driller “operat[ed] all the controls himself.”
Gilchrist and Brockman took between fifteen and fifty surveys per
hour for each of their twelve-hour shifts, and they would also continuously
monitor gamma logs and other rig data during that time. Brockman testified
that he performed quality control of the surveys “by double-checking the
information from the tools against the well plan and expected inclination and
azimuth of the client . . . as the client was drilling.” He explained that this
quality control entailed double-checking that the data “makes the qualifiers,
make sure it turns green” and also that the drill string remains “still.”
At the end of the job but before sending final surveys to the client, the
MWD and the directional driller would conduct “kind of like a QC [quality
check]” wherein the MWD would “run [their data] through an Excel file,
make sure all the numbers match” for various data points. The MWD would
then “gather up all the logs and make sure the well name, everything is in
place, then [he] sent it off for QC” at Schlumberger’s office. However, “[i]n
most cases” the lead MWD—which was Brockman’s role—was responsible

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for ensuring that those reports were complete and accurate before they were
sent off for additional quality control. That process involved “remov[ing]”
any “erroneous data point[s]” from the data before transmission. In essence,
it was the MWDs’ “responsibility” to “pass along quality data.” After the
office approved the data, the MWDs themselves sent the data to the client.
Then, once the well “reached it’s [sic] total depth,” the MWDs “rig[ged]
down,” running a final survey and packing up their tools.
The year after their tenures at Schlumberger ended, Gilchrist and
Brockman sued the company, arguing that they were not exempt from the
FLSA provisions requiring overtime pay. Both men earned well over
$200,000 annually, but neither former employee was paid any overtime
while employed as an MWD. After a bench trial but before the district court
rendered its decision, the identity of two potentially relevant witnesses whom
Schlumberger had failed to identify came out in a related case, and Gilchrist
and Brockman moved to reopen the evidence. This court ultimately
determined that the witnesses’ testimony was privileged, and the district
court denied plaintiffs’ motion. In re Schlumberger Tech. Corp., 818 F. App’x
at 307-08. The district court then determined that Schlumberger failed to
prove that Gilchrist and Brockman were exempt under the various FLSA
exemptions urged at trial, including, as relevant to this appeal, the Highly
Compensated Employee (HCE) exemption. Schlumberger timely appealed
the district court’s decision awarding Gilchrist and Brockman overtime pay.
II. Discussion
The FLSA’s overtime provision “requires an employer to
compensate any covered employee who works in excess of 40 hours in a
workweek ‘at a rate not less than one and one-half times the [employee’s]
regular rate.’” Dewan v. M-I, L.L.C., 858 F.3d 331, 333-34 (5th Cir. 2017)
(quoting 29 U.S.C. § 207(a)(1)). In this case, the employer asserts that the

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plaintiffs were exempt from FLSA’s overtime requirements. “With respect
to the underlying facts, the employer has the burden of establishing that an
exemption applies by a preponderance of the evidence.” Fraser v. Patrick
O’Connor & Assocs., L.P., 954 F.3d 742, 745 (5th Cir. 2020) (citing Meza v.
Intelligent Mexican Mktg., Inc., 720 F.3d 577, 581 (5th Cir. 2013)). “Whether
an employee is within an exemption is a question of law, but how an employee
spends his working time” and “[i]nferences about the nature of an
employee’s work” are all treated as questions of fact. Smith v. Ochsner Health
Sys., 956 F.3d 681, 684 (5th Cir. 2020). We review the district court’s
findings after a bench trial for clear error and its conclusions of law de novo.
Hobbs v. EVO Inc., 7 F.4th 241, 247 (5th Cir. 2021).
On appeal, Schlumberger urges only the application of the HCE
exemption, which constitutes a subset of the broader statutory exemption for
those working “in a bona fide executive, administrative or professional
capacity.” 29 U.S.C. § 213(a)(1). The HCE exemption provides:
An employee is exempt under the highly compensated category
if he or she (1) is annually compensated at least [the amount
specified in the regulation]; (2) ‘customarily and regularly
performs any one or more of the exempt duties or
responsibilities of an executive, administrative[,] or
professional employee’; and (3) has within his or her primary
duties the performing of office or non-manual work. Smith, 956
F.3d at 684 (quoting 29 C.F.R. § 541.601(a); § 541.601(d)).
The parties agree that Gilchrist and Brockman were annually
compensated more than the amount required by the regulation, which was at
least $100,000 during their employment by Schlumberger, and they
performed primarily non-manual work. See 29 C.F.R. § 541.601 (2014); 29
C.F.R. § 541.601 (2015). The only outstanding element on appeal is whether
they customarily and regularly performed any of the exempt duties of an
administrative or executive employee.

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Under the standalone administrative exemption, highlighted by
Schlumberger, employees cannot qualify as bona fide administrators unless
(1) their “‘primary duty is the performance of office or non-manual work
directly related to the management or general business operations of the
employer or the employer’s customers,’ and [(2)] the ‘primary duty includes
the exercise of discretion and independent judgment with respect to matters
of significance.’” Smith, 956 F.3d at 684 (quoting 29 C.F.R. § 541.200(a)).
But under the HCE exemption, “higher-income employees need ‘regularly
perform[]’ only ‘one’ of those [administrative or executive]
‘responsibilities’ to so qualify.” Helix Energy Sols. Grp., Inc. v. Hewitt, 598
U.S. 39, 58, 143 S. Ct. 677, 690 (2023) (quoting 29 C.F.R. § 541.601(a)).
This “more flexible duties standard” thus “eases the way to executive
status, and so to exemption from the FLSA.” Id. (quoting 69 Fed. Reg.
22174 (Apr. 23, 2004)). Although the HCE exemption and the standalone
exemptions “are distinguishable in key respects, we draw from our
standalone-exemption precedents where the exemptions overlap.” Smith,
956 F.3d at 686.

Further pertinent to the HCE exemption is that an employee
performs a task “customarily and regularly” if the frequency of that
performance is “greater than occasional,” though it need not be constant.
Id. at 688 (quoting 29 C.F.R. § 541.701). “[W]ork normally and recurrently
performed every workweek” qualifies, while “isolated or one-time tasks” do
not. Id. “The applicable regulation states that the ‘high level of
compensation’ that the HCE exemption requires is itself ‘a strong indicator
of an employee’s exempt status, thus eliminating the need for a detailed
analysis of the employee’s job duties.’” Id. at 684 (quoting 29 C.F.R.
§ 541.601(c)).

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In Encino Motorcars, LLC v. Navarro, 584 U.S. 79, 138 S. Ct. 1134
(2018), “[t]he Supreme Court . . . clarified that courts are to give FLSA
exemptions ‘a fair reading,’ as opposed to the narrow interpretation
previously espoused by this and other circuits.” Carley v. Crest Pumping
Techs., L.L.C., 890 F.3d 575, 579 (5th Cir. 2018) (quoting Encino, 584 U.S. at
89, 138 S. Ct. at 1142); see also Hobbs, 7 F.4th at 248 (“We give FLSA
exceptions a ‘fair reading’ [citing Encino Motorcars], not a narrow one”).
Schlumberger argues that the pre-Encino cases in our circuit are therefore not
relevant. But certain post-Encino cases have relied on pre-Encino precedent, 1
and this court has explicitly stated that the value of those cases “remain[s]
unaffected” by Encino. 2
Schlumberger asserts that the district court erred in three ways. First,
the court clearly erred in finding that Gilchrist and Brockman “did not
perform any work directly related to the general business operations of
[Schlumberger] or its customers” and thus did not perform any
administrative duties. Second, it erred in finding that Gilchrist and
Brockman did not customarily and regularly perform at least one of six other

_____________________
1
See Hobbs v. EVO Inc., 7 F.4th 241, 254-55, 254 n.50 (5th Cir. 2021) (citing Dewan
v. M-I, L.L.C., 858 F.3d 331, 337-38 (5th Cir. 2017)) (stating that, despite Dewan’s
preceding Encino, “Dewan’s discussion of the elements of the administrative exemption
remains good law and is instructive here where the jobs performed by both sets of plaintiffs
share certain similarities”); see also White v. U.S. Corr., L.L.C., 996 F.3d 302, 307-08 (5th
Cir. 2021) (first citing Olibas v. Barclay, 838 F.3d 442, 448 (5th Cir. 2016); and then citing
Songer v. Dillon Res., Inc., 618 F.3d 467, 472 (5th Cir. 2010), abrogated in part by Encino, 584
U.S. at 89, 138 S. Ct. at 1142).
2
Kelley v. Alpine Site Servs., Inc., 110 F.4th 812, 816 & n.1 (5th Cir. 2024) (citing
Songer, 618 F.3d at 475-76, and stating that “the central analyses of the[] . . . decisions
[abrogated by Encino] remain unaffected because they concern the interpretation and
application of FLSA-implementing regulations, not the statute itself” (quoting Amaya v.
NOYPI Movers, L.L.C., 741 F. App’x 203, 205 n.2 (5th Cir. 2018) (per curiam)
(unpublished))).

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management tasks relevant to executive duties. Finally, the employer argues
that the district court mistakenly used the independent judgment and
discretion requirement from the standalone administrative exemption in
analyzing and applying the HCE exemption.
A. The HCE Exemption
We first consider whether the district court erred in finding that
Gilchrist and Brockman “did not perform any work directly related to the
general business operations of [Schlumberger] or its customers” and thus did
not perform any administrative duties.
To qualify for the HCE exemption based on administrative duties, the
MWDs “must have performed ‘any one or more of the exempt duties or
responsibilities of an . . . administrative . . . employee.’” Smith, 956 F.3d at
685 (quoting 29 C.F.R. § 541.601(c)). “Section 541.200 lays out two types
of exempt duties,” which are “‘the performance of office or non-manual
work directly related to the management or general business operations of
the employer or the employer’s customers,’ and duties involving ‘the
exercise of discretion and independent judgment with respect to matters of
significance.’” Id. (quoting 29 C.F.R. § 541.200(a)(2)-(3)).
“[T]he regulations define work ‘directly related to [the] management
or general business operations’ as a type of work in which the employee
‘perform[s] work directly related to assisting with the running or servicing of
the business.’” Id. at 685 (quoting 29 C.F.R. § 541.201(a)). The regulations
then draw a contrast between work “assisting with the running or servicing
of the business” and “production-focused work.” Id. at 686. Examples of
production-focused work include “working on a manufacturing production
line or selling a product in a retail or service establishment.” 29 C.F.R.
§ 541.201(a). In distinguishing between production work and management
work, “the relevant distinction ‘is between those employees whose primary

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duty is administering the business affairs of the enterprise [and] those whose
primary duty is producing the commodity or commodities, whether goods or
services, that the enterprise exists to produce and market.’” Dewan, 858
F.3d at 336 (quoting Dalheim v. KDFW-TV, 918 F.2d 1220, 1230 (5th Cir.
1990)). Schlumberger contends that the MWDs performed two separate
administrative duties: (1) quality control and (2) advising and consulting with
Schlumberger’s clients regarding drilling operations.
1. Quality Control Duties
“Work directly related to management or general business operations
includes, but is not limited to, work in functional areas such as . . . quality
control . . . .” Smith, 956 F.3d at 686 (quoting 29 C.F.R. § 541.201(b))
(emphasis omitted). We hold that the district court erred in finding that the
MWDs did not perform the administrative duty of quality control.
The district court explained that “[t]here is a distinction between
quality-control work related to ‘production’ and quality-control work related
to ‘administration’” such that “[i]f a quality-control duty is ‘functional, not
conceptional’ [sic] and ‘relate[s] more closely to [] production . . . than to
business administration,’ the FLSA exemption cannot apply.” The district
court then determined that Gilchrist’s and Brockman’s “duties of reviewing
surveys and monitoring logs are ‘functional, not conceptual’ because they
largely relate to whether the directional driller can safely continue drilling
along the well path.” The district court analogized to this court’s decision
in Hobbs and to the inspection example in 29 C.F.R. § 541.203(g) to support
its conclusion. 7 F.4th at 241. Neither analogy is persuasive.
In Hobbs, the plaintiff-employees did not perform duties directly
related to management or general business operations because dropping a
coin in a bottle to test water quality did not constitute quality control. 7 F.4th
at 253, 255. The employees were field engineers whose employer supplied

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“downhole video camera services to clients in the oil and gas industry” for
the purpose of “identify[ing] and diagnos[ing] issues that interrupt a well’s
productivity.” Id. at 245. At the start of a job, the field engineers would test
well water by dropping a coin in a bottle of the water to assess the probable
quality of the images to be obtained. Id. Hobbs described these tests as
“rudimentary fluid-quality assessments” that constituted “functional, not
conceptual, work, and the quality concerns [their work] addresse[d] relate[d]
more closely to the production of images than to business administration.”
Id. at 255. Because such production-related work did not “directly relate to
assisting with the running of the company,” we held it was not directly
related to management or general business operations. Id. at 253, 255.
Comparing the MWD function to dropping a coin in a bottle of water
oversimplifies the MWDs’ work. Brockman agreed on cross-examination
that he performed quality control of the surveys “by double-checking the
information from the tools against the well plan and expected inclination and
azimuth of the client . . . as the client was drilling.” He clarified on redirect
examination that this entailed double-checking that the data “makes the
qualifiers, make sure it turns green” and also that the drill string remains
“still.” But Brockman’s and Gilchrist’s other testimony shows that their
assessment went beyond merely noting the color of the data and the
movement of the drill string.
Before sending final surveys to the client, the MWD and the
directional driller would conduct “kind of like a QC [quality check]” wherein
the MWD would “run [their data] through an Excel file, make sure all the
numbers match” for various data points. The MWD would then “gather up
all the logs and make sure the well name, everything is in place, then [he] sent
it off for QC.” The MWDs would also collect gamma ray data and generate
logs of those data with every survey, which they would then send out. The
data were supposed to be accurate, so that process involved “remov[ing]”

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any “erroneous data point[s]” from the data before transmitting the report.
In essence, it was their “responsibility” to “pass along quality data.”
Additionally, even though the directional driller and a manager or the remote
operations center would also review any data, “[i]n most cases” it was the
“expectation” that Brockman as lead MWD would ensure that the various
drilling reports “were completed and completed accurately” “before [the
directional driller] looked at [them].”
The wealth and variety of data that the MWDs were collecting and
reviewing went far beyond the rudimentary test conducted in Hobbs. The
district court, however, largely overlooked the MWDs’ work with the data
logs. It merely mentioned that Gilchrist and Brockman “monitored a
continuous information log that displayed downhole data on pressure,
temperature, vibrations, radioactive activity, and other parameters,” and at
the end of a job, they “gathered” the information, “sent various reports to
the Operations Support Center for final review, and then compiled the
information for a final end-of-well information packet for Schlumberger’s
client.” The district court did not acknowledge the MWDs’ role in quality
checking the data before sending it to the client, but that task easily fits into
this court’s past understanding of quality control.
Apart from rejecting a quality control argument in Hobbs, this court
has not elaborated extensively on what quality control entails beyond
observing that it appears in a list referencing other functional areas like “‘tax;
finance; accounting; budgeting; auditing; insurance; . . . purchasing;
procurement;’ and others.’” Dewan, 858 F.3d at 337 (quoting 29 C.F.R.
§ 541.201(b)). Considering those listed areas, the court in Dewan surmised
that as to mud engineers in the oil field, “‘quality control’ . . . seem[ed] to
mean the quality of the mud being provided to [the defendant-employer’s]
customers” rather than “monitoring and adding materials to the mud as it is
being used in drilling wells to ensure that its properties stay within the

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specifications set forth in the mud plan developed by project engineers.” Id.
Here, Gilchrist testified, in agreement with Schlumberger’s Product and
Media Delivery Standards, that data output is the “product that [the MWD]
would be providing to [the client].” Just as quality control for mud engineers
according to Dewan would mean controlling the quality of the mud provided
to customers, quality control here means controlling the quality of the data
provided to clients. Gilchrist’s and Brockman’s testimony shows that they
did just that.
The district court also relied on an example in the regulations for its
quality control conclusion. The district court compared the MWDs’ “tasks
of reviewing and monitoring surveys and logs” to “inspection work using
‘well-established techniques and procedures’ and ‘techniques and skills
acquired by special training or experience.’” 29 C.F.R. § 541.203(g).
Because that example in the regulations does not qualify as an administrative
duty, the district court reasoned, the MWDs’ inspection work could not
qualify.
The court’s comparison was improper. As the district court noted,
the standalone administrative exemption sets a “higher bar” than the HCE
exemption, and this court recognizes it as a “more ambitious theory” for
exemption from the FLSA overtime pay requirement. Hobbs, 7 F.4th at 256.
This increased difficulty is due to both the conjunctive nature of the
administrative exemption test and the requirement that an employer prove
that the task at issue was the employee’s “primary duty,” and not merely
something the employee did “customarily and regularly.” Hobbs, 7 F.4th at
256; Smith, 956 F.3d at 685 (“While the elements [of the exemptions] are
conjunctive in the standalone exemptions, they are disjunctive when paired
with a high salary.”).

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The examples in § 541.203(g) are geared to this higher bar because
they illustrate the standalone administrative exemption. Albeit in an
unpublished, nonprecedential decision, this court acknowledged the
discrepancy between the standards for these administrative examples and the
standards for the HCE exemption. Zannikos v. Oil Inspections (U.S.A.), Inc.,
605 F. App’x 349 (5th Cir. 2015) (per curiam). There, we held that oil
inspectors’ duties did not satisfy the administrative exemption by reference
to § 541.203(g)’s examples, they did satisfy the HCE exemption because the
employees “primarily performed non-manual work related to the general or
business operations” of their employer’s customers. Id. at 360. The fact that
the MWDs’ duties did not rise to the level of an example in § 541.203(g)
does not necessarily foreclose the HCE exemption. Neither the analogy to
Hobbs nor the inspection work example provides a basis for refuting
Schlumberger’s evidence that the MWDs performed quality control duties.
Additionally, the MWDs “customarily and regularly” performed
quality control functions because they constantly monitored the well data
throughout their twelve-hour shifts, quality checked the survey data for each
of the fifteen to fifty surveys that they took every hour, and reviewed and
edited data at the end of every job. This consistency establishes that the
MWDs performed these tasks “normally and recurrently . . . every
workweek,” a frequency that is certainly “greater than occasional,” as
required by the regulations. 29 C.F.R. § 541.701.
In summary, the district court overlooked the MWDs’ role in quality
checking data logs and improperly relied on Hobbs and the inspection
example in regulation § 541.203(g). Accordingly, the district court erred in
determining that the MWDs did not perform the administrative duty of
quality control.

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2. Advisory and Consulting Duties
“‘[E]mployees acting as advisers or consultants to their employer’s
clients or customers’ qualify for the administrative exempt standard”
because they perform “work directly related to the management or general
business operations of the employer’s customers.” Venable v. Smith Int’l,
Inc., 117 F.4th 295, 301 (5th Cir. 2024) (quoting 29 C.F.R. § 541.201).
Following Venable, we hold, contrary to the district court, that the MWDs
acted as advisers to Schlumberger’s clients.
In Venable, the plaintiff-employees’ work was deemed “directly
relate[d] to the general business operations of [their employer’s] customers”
because they advised their employers’ clients by “supervising the use of
drilling tools” and “assisting . . . [in] the appropriate method of conducting
drilling operations.” Id. at 301. The employees were DTR Field Specialists,
also known as “reamers” who supervised oil exploration companies’ use of
their employer’s underreaming tool on offshore drilling rigs. Id. at 298. As
part of their job responsibilities, the reamers would supervise the drilling rig
crew in attaching and removing the reamer tool to and from the drill string,
monitor and oversee the reaming process, and offer advice and suggestions
to the driller regarding how to operate the tool. Id. Notably, the reamers did
not operate the tool themselves; rather, the drillers from the client’s
company operated the tool under the reamers’ supervision. Id. Moreover,
because supervising the drillers’ use of the underreaming tool was the
reamers’ “primary job,” they performed the task “regularly and
customarily.” Id. at 301. These responsibilities led the court to characterize
the reamers as “advisers” to the clients and “liaisons” between the clients’
drillers and the reamers’ employer. Id.
At the time of its decision, the district court did not have the benefit
of Venable and instead relied principally on Dewan for its analysis of this duty.

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858 F.3d 331 (5th Cir. 2017). The district court stated, “[i]n determining
whether an employee fits the regulation’s concept of an advisor or
consultant, courts evaluate whether the employee’s activities relate to
‘management policies,’ ‘general business operations,’ and ‘policy
determinations [for] how a business should be run.’” The court then
determined that the MWDs’ “duty to monitor surveys and logs related to
the drilling process, which in turn related to the client’s success in extracting
hydrocarbons” but “did not directly relate to the client’s management
policies, general business operations, or policy determinations.” While it is
hardly controversial that the MWDs’ tasks “related to the client’s success
in extracting hydrocarbons,” we cannot, in light of Venable, accept the
further legal conclusion that this duty to monitor “did not directly relate to
the client’s management policies, general business operations, or policy
determinations.”
In Dewan, this court held that an oilfield service company was not
entitled to summary judgment on the administrative exemption from
overtime pay for its mud engineers. The court relied in part on the
dissimilarity between the mud engineers’ role and two examples of advisers
provided in the regulations: tax experts and financial consultants. 858 F.3d
at 332, 337–38. Dewan, however, preceded Encino’s directive to give the
FLSA exemptions a “fair reading” rather than a narrow construction.
Encino, 584 U.S. at 89, 138 S. Ct. at 1142; see Dewan, 858 F.3d at 334 (applying
“narrow construction”). Post-Encino, Venable correctly expanded our
understanding of what constitutes an adviser or consultant. We must rely on
Venable’s interpretation in our analysis.
The MWDs’ work resembles the tasks described in Venable because
the MWDs advised Schlumberger’s clients by providing them with essential
information during the drilling process. On the one hand, the MWDs appear
to have given the client very little direct guidance: Gilchrist, for example,

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No. 22-50257

testified that he “didn’t have much involvement with the company man on
location, if at all.” But more importantly, just as the reamers in Venable
advised the client’s crew about how to operate the reaming tool, the MWDs’
data crucially informed the client’s precise drilling of the well. Their data
ensured that the directional driller kept the well on its predetermined path,
as mistakes by the MWD could lead to loss of productive time, drilling
outside the lease, or even a well collision and potentially a catastrophic
explosion. Brockman himself agreed that the MWD is “responsible for
making real-time decisions that are critical to the drilling operations.”
The MWDs’ guidance to the rig crew in operating the MWD tool
also resembles the advice in Venable. The reamers in Venable did not operate
the reaming tool themselves and instead directed the client’s crew in its
operation. Here, the district court determined that “any ‘supervision’ of the
rig crew was limited to giving the occasional direction or hand signal while
the crew lowered the measurement tools into the well.” But the rig crew
controlled the movement of the MWD tools, and any re-running of a survey
required asking the driller to repeat the survey process because he
“operat[ed] all the controls himself.” Although that was not enough to
satisfy the district court’s conception of “supervision,” the MWDs’ activity
in directing the drilling crew when conducting a survey closely resembles the
more remote positioning of the Venable reamers.
We conclude that MWDs fit comfortably in the adviser category
alongside reamers on offshore drilling rigs. Venable, 117 F.4th at 300–01; see
also Dewan, 858 F.3d at 337. Consequently, the MWDs acted as advisers to
Schlumberger’s clients and performed “work directly related to the
management or general business operations of [their] employer’s
customers.” See 29 C.F.R. § 541.201(c).

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Moreover, the MWDs performed this duty “customarily and
regularly.” 29 C.F.R. § 541.201(a). The bulk of a MWD’s working time is
spent monitoring data from the well with the directional driller. The MWD
takes between fifteen and fifty surveys an hour in a twelve-hour shift and also
constantly monitors gamma logs and other data from the rig. “Most of the
time” he “provid[es] the client and the directional driller with real-time
information without a second layer of review,” and he is “[g]enerally” the
first person to identify any concerns about the data or directionality of the
well. That frequency more than satisfies the standard set out in the
regulations of tasks performed “normally and recurrently . . . every
workweek.” Smith, 956 F.3d at 688.
Because Schlumberger proved that the MWDs customarily and
regularly performed work directly related to the management or general
business operations of their customers, a qualifying exempt duty of an
administrative employee, Schlumberger satisfies the duty requirement of the
HCE exemption. As stated above, the parties do not dispute that the
MWDs’ compensation was high enough to qualify for the exemption or that
they primarily performed non-manual work. Therefore, the MWDs fall
within the HCE exemption from the FLSA’s overtime payment
requirement, and it was error for the district court to determine otherwise.
B. Executive Duties & Independent Judgment
Schlumberger also contends that that the district court erred in
determining that Gilchrist and Brockman did not customarily and regularly
perform at least one of six other management tasks and thus did not perform
any executive duties. Because the HCE exemption requires only that an
employee perform either one administrative duty or one executive duty, and
we have already determined that the MWDs performed administrative
duties, we do not reach the executive duties analysis.

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Similarly, we need not address the argument that the district court
erred by considering the “discretion and independent judgment” prong
conjunctively rather than disjunctively in its HCE duties analysis. See 29
C.F.R. § 541.202(e). The district court erroneously considered the MWDs’
use of discretion and independent judgement as an adjunct requirement to
other administrative duties, even though it expressly acknowledged that the
standalone administrative exemption sets a “higher bar.” But as we noted in
Smith, “[w]hile the elements [of the executive and administrative
exemptions] are conjunctive in the standalone exemptions, they are
disjunctive when paired with a high salary.” 956 F.3d at 685.
III. Conclusion
For these reasons, Gilchrist and Brockman qualify as highly
compensated employees and are exempt from the FLSA’s overtime pay
requirement. We therefore REVERSE the judgment of the district court
and REMAND with instructions to dismiss.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11099318. Public record. Not legal advice.