Posts by Scott
Court allows whistleblower’s retaliation claim to move forward
A federal judge has denied a company’s request to dismiss a retaliation claim filed by a former employee under the False Claims Act. In Forsythe v. National Health Corporation, a former physical therapist filed suit in federal court in Tennessee alleged that he was fired after refusing to input false codes related to group therapy.…
Read MoreSecurity services company G4S settles overtime lawsuit
Security services company G4S Secure Solutions will pay as much as $130 million to settle a class action in California state court alleging that it stiffed thousands of security officers on meal breaks and rest periods. The class consists of 13,500 security guards for G4S, which was formerly known as Wackenhut. The settlement, subject to…
Read MoreOvertime pay lawsuits filed against Energy First Engineering & Consulting, LLC
Four federal lawsuits have been filed against Energy First Engineering & Consulting, LLC (“Energy First”) within the past year. Each of these lawsuits alleges that Energy First violated the Fair Labor Standards Act, or FLSA, by misclassifying its workers as independent contractors and denying them overtime pay. Energy First is an oil and gas staffing…
Read MoreWalgreens pays $269 million to settle False Claims Act Whistleblower Claims
National pharmacy chain Walgreens agreed to pay $269.2 million to the federal and state governments to settle claims that the drugstore chain improperly billed Medicare, Medicaid and other federal healthcare programs over insulin drugs and a consumer-discount initiative. When pharmacies like Walgreens seek reimbursement from federal healthcare programs for insulin pens dispensed to program beneficiaries,…
Read MoreFraud class action suit filed against Ridge Natural Resources and related parties
A class action has been filed in federal court in Midland, Texas against Ridge Natural Resources, L.L.C., Agave Natural Resources, L.L.C. and their affiliates and founders by a large group of royalty interest owners alleging that they were the victims of a “royalty-lease” scam. In the lawsuit, the plaintiffs allege that several individual defendants set…
Read MoreOilfield Worker Files Overtime Lawsuit Against DXP
A former worker of DXP Enterprises, Inc. has filed a federal lawsuit against the company, asserting claims for unpaid overtime. DXP is a publicly traded company that offers compliance and consulting services to clients in, inter alia, the oil and gas industry. Plaintiff worked as a “Safety Consultant” for one of DXP’s clients, Chevron, from…
Read MoreOilfield Worker Sues Chevron for Unpaid Overtime
A former oilfield worker of Chevron U.S.A., Inc. has filed a federal lawsuit against the company, asserting claims for unpaid overtime. Chevron is a major oil and gas production company. Plaintiff worked as a safety advisor of Defendant from approximately January of 2014 until April of 2016. Plaintiff alleges that Defendant paid him (and other similarly situated…
Read MoreWorkers Increasingly Suing Companies for Time-Shaving Software
Over the past several years, employers have increasingly used time-tracking software that allows them to keep track of their employees’ time down to the minute. But in many cases, companies choose to “round down” their employees’ time, or to make automatic deductions for breaks or meals, even if those breaks or meals do not take…
Read MoreHow Does the False Claims Act Protect Whistleblowers?
What is the federal whistleblower statute? Many people do not know that there is a federal statute that provides job protection as well as a potential substantial monetary reward for whistleblowers who report fraud against the federal government. The Civil False Claims Act, also known as the Qui Tam Statute, 31 U.S.C. Section 3729…
Read MoreFourth Circuit Rules for Workers on OT Case
Another “mixed fleet” FLSA case has recently been decided, with the Fourth Circuit ruling favorably for the plaintiffs. As I have previously written, a “mixed fleet” case is one in which a worker suing for unpaid overtime under the FLSA drove vehicles weighing more than 10,000 pounds as well as vehicles weighing less than 10,000 pounds in…
Read MoreFiberoptic Technician Sues for Overtime Pay
A fiberoptic technician has filed suit for unpaid overtime in federal court in Midland, Texas. The plaintiff formerly worked for ABP, Inc., which performs testing on fiberoptic networks for customers in Texas and across the country. Plaintiff was employed by Defendants as a “Fiberoptic Technician,” and primarily performed manual labor related to the testing of…
Read MoreTank Inspector Sues Brinkerhoff Inspection for Unpaid Overtime
A former tank inspector has filed suit against Brinkerhoff Inspection, Inc. (“Brinkerhoff”) for unpaid overtime. Brinkerhoff primarily provides inspection services to oil and gas producers and others in the oil and gas industry. The plaintiff alleges that Brinkerhoff Inspection, Inc. and its owners, Bront Bird, Luke Bird and Steven Sheffield were formerly the employers, co-employers and/or…
Read MoreOilfield Consulting Firm Bedrock Sued for Alleged Overtime Violations
Bedrock PC 1099, LLC, which is an affiliate of Bedrock Petroleum Consultants, has been sued in federal court in Houston by a client represented by Borsellino, P.C. for alleged overtime violations. The plaintiff is a former worker who was classified as an independent contractor by Bedrock. According to the lawsuit, the plaintiff worked as a…
Read MoreIndependent Contractor Trend Raises Overtime Pay Issues
Large, mid-size and small companies alike are increasingly turning to independent contractors to replace their employees. According to the Wall Street Journal in a September 14, 2017 article entitled The Second Class Office Workers, “[m]illions of contractors now do heavy lifting, paper pushing and other jobs for American companies that have replaced employees with outside…
Read MoreFederal Court Rules for Oilfield Overtime Class Represented by Borsellino, P.C.
A federal judge presiding in Midland recently ruled in favor of a large class of oilfield workers represented by Borsellino, P.C. seeking unpaid overtime under the Fair Labor Standards Act. In the fifty-eight page ruling, Judge Ezra held: that the Motor Carrier Act exemption did not apply to the workers, and thus they are entitled…
Read MoreCourts Continue to Rule for Workers in Mixed Fleet Overtime Cases
One of the hot topics over the past few years in overtime litigation has been the Motor Carrier Act (“MCA”) exemption to the Fair Labor Standards Act (“FLSA”), which provides that overtime pay is not required for “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours…
Read MoreFifth Circuit Issues Important Overtime Exemption Opinion
The Fifth Circuit recently issued an important ruling regarding the applicability of the administrative exemption with respect to oilfield workers. The case is styled Dewan v. M-I, L.L.C. It was filed in the Southern District of Texas in Houston. The Defendant, M-I SWACO is an oilfield service company and a subsidiary of Schlumberger. M-I specializes…
Read MoreFederal court issues ruling on motor carrier act exemption
A federal district court in Kansas has issued a ruling on an important issue relating to the motor carrier act (“MCA”) exemption. The MCA exemption provides that overtime pay is not required for “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service.” Traditionally, this…
Read MoreTexas court rules on willfulness and employer status in overtime case
A federal district court in San Antonio recently issued an opinion which is instructive on the issues of willfulness as well as an individual owner’s liability as a joint employer under the FLSA. In Guyton v. Legacy Pressure Control, Case No. 5:15-cv-1075-RCL (W.D. Tex. Jan. 18, 2017), two former employees sued Legacy Pressure Control, alleging…
Read MoreTwo new suits filed against Transglobal Services for unpaid overtime
Seven current and former employees of Transglobal Services, LLC have filed two separate lawsuits against the company, asserting claims for unpaid overtime. Transglobal primarily provides surveying, right of way and seismic services to oil and gas producers. Transglobal has been in existence since 2007 and has field offices in Spearman, Texas, Houston, Texas, San Angelo,…
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