Posts by Scott

The Fourth Circuit issued a recent opinion which provides important guidance for joint employment in overtime cases.  In Hall v. DIRECTTV, 846 F.3d 757 (4th Cir. 2017), the Fourth Circuit considered an appeal by plaintiffs in two consolidated cases.  In each case, the plaintiffs were satellite television technicians who sued DIRECTTV and DirectSat, alleging that…

Companies are increasingly classifying their workers as “independent contractors” for a variety of reasons.  According to Forbes, at least 100% of jobs growth over the past decade came from the growth in contractor and temp jobs.  Employers classify their workers as independent contractors in order to decrease their overhead, avoiding payment of health benefits, employment…

More and more these days, companies are classifying their workers as independent contractors. This tactic is used for a myriad of reasons, including efforts to avoid the costs of Obamacare, to evade minimum wage or overtime requirements, and/or so the companies do not pay employer taxes and benefits.  While the line between an independent contractor…

The past several years have seen an explosion of overtime pay lawsuits involving oilfield workers. To illustrate the dramatic rise in oilfield overtime litigation, one need only look at the docket of the federal court in Midland, which lies in the heart of the Permian Basin that has been ground zero for the fracking revolution…

Employers that face unpaid overtime collective actions sometimes attempt to utilize what is known as a “pick off” strategy.  In such a scenario, the employer will make an offer of judgment under Federal Rule of Civil Procedure 68 to pay all of the named plaintiff’s damages plus attorney’s fees, then argue that the case must…

Motor Carrier Act Exemption and the Technical Corrections Act One of the hot topics over the past year in the wage and hour sphere 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…

It is common knowledge that many landmen, title examiners and title abstractors are not paid overtime.  Many times they are classified as independent contractors and paid a flat hourly fee.  Sometimes landmen are paid a salary, with no overtime pay.  However, just because this is a widespread practice does not make it legal.  Under the…

A former employee has filed a lawsuit for unpaid overtime in Midland, Texas against WCC Energy, LLC.  WCC, which is based in Anson, Texas, is an oilfield services company.   The lawsuit also names WCC’s owner, Ronald Worden, as a defendant, alleging that he was a “joint employer” of the plaintiff when he worked at…

A former employee has filed an unpaid overtime lawsuit against Wildcat Services, LLC.  Wildcat, which is based in Midland, Texas, is a service company specializing in hydro-excavating, water well drilling, water well pump service and surface rental equipment for the oil and gas industry.   The lawsuit also names Wildcat’s owner, Billy Steward, Jr., as…

A former field employee has filed a federal lawsuit in Midland, Texas seeking unpaid overtime against Spartan Flow Control.  Spartan provides pressure control and flow back services in the oil and gas industry.  The former worker primarily worked in the Permian Basin, in the areas surrounding Midland, Texas.  While employed by Spartan, the employee worked…

A federal district court in Midland, Texas has conditionally certified a case filed by oilfield workers against their employer for unpaid overtime.  Plaintiffs were employed by Rig Power and M3P (collectively, “Defendants”) as field technicians to perform manual labor related to the transportation, operation, and maintenance of oilfield equipment.  In the lawsuit, Plaintiffs allege that…

A former employee of Applied Consultants has filed a federal lawsuit against the company seeking unpaid overtime and other damages under the Fair Labor Standards Act, or FLSA.  The lawsuit was filed in the United States District Court in Midland, Texas, and is styled Sanchez v. Applied Consultants, Cause Number 7:15-cv-00162-HLH. Applied Consultants is a pipeline…

For years, oilfield companies have failed and refused to pay overtime to their Measurement While Drilling (MWD), Logging While Drilling (LWD), Field Service Specialist, Field Technician and Directional Driller positions.    In many instances, these workers were paid on a day rate or salary basis, with no overtime compensation for the hours they worked above…

A collective action lawsuit for unpaid overtime has been filed in federal court in Midland, Texas against Knight’s Inspection Services, LLC.  Knight’s Inspection is an inspection company in the oil and gas industry.  Specifically, Knight’s Inspection is hired by oil and gas companies to inspect tools and equipment used in the oilfields.   According to…

Oilfield workers often travel from job site to job site driving both commercial and full-size trucks.  Oilfield companies often refuse to pay oilfield workers overtime, claiming that they are exempt under what is known as the “Motor Carrier Exemption,” which generally exempts drivers, loaders or others involved in operating large trucks, from overtime pay. A federal…