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Tank 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. ...

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Oilfield 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...

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Independent 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...

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Federal 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...

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Courts 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...

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Fifth 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...

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Federal 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...

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Texas 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...

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Two 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...

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4th Circuit Gives Guidance on Joint Employment in Overtime Cases

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...

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Independent Contractor Overtime Lawsuits On The Rise

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...

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Can Independent Contractors Sign Non-Compete Agreements?

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...

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Making Sense of the Increase in Oilfield Overtime Lawsuits

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...

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Field workers sue Transglobal Services for unpaid overtime

Six former employees of Transglobal Services, LLC have filed suit against the company, asserting claims for unpaid overtime.  Transglobal primarily provides surveying, right of way and seismic services to oil and gas...

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Supreme Court decision impacts “pick off” strategy in FLSA cases

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...

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Federal court in Texas rules on Motor Carrier Act exemption

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...

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Are landmen entitled to overtime pay?

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...

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Field employees sue Wildcat Wireline and KLX Energy for unpaid overtime

Six former employees of Wildcat Wireline and KLX Energy have filed suit against these companies, asserting claims for unpaid overtime.  Wildcat Wireline was an oilfield service company that provided wireline services that...

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Oilfield workers sue Bulldog Well Testing for overtime pay

Two former employees have filed a lawsuit for unpaid overtime in Midland, Texas against Bulldog Well Testing, LLC, Bull Dorado Holdings, LLC, and their owners.  Bulldog, which is based in Oklahoma, is...

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Former operator sues WCC Energy for unpaid overtime

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...

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