Employment

How is Overtime Defined?

Overtime Definition I get calls from potential clients who want to know how overtime is defined and what sort of work constitutes overtime.  While some states have their own laws governing overtime,...

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Cenikor investigated for possible labor violations

UPDATE: On May 1, 2019, Borsellino, P.C. filed a lawsuit against Cenikor for labor violations related to its work program.  For more information regarding this lawsuit, including who may be eligible to...

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What you need to know about unpaid overtime laws and lawsuits

If you have been denied overtime pay, you likely have many questions.  What are the overtime laws?  Who should I talk to about overtime pay?  What if I can’t afford an overtime...

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Independent Contractor Overtime: What You Should Know

Having represented hundreds of workers in overtime pay disputes over the past seven years, I know that there is significant confusion among workers when they are classified as independent contractors and denied...

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Court allows oilfield overtime class action to proceed

A federal court in Oklahoma recently denied an oilfield services company’s efforts to dismiss a collective action lawsuit seeking unpaid overtime.  A former employee of Gore Nitrogen Pumping Service filed suit against...

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Workers 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...

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How 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...

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Fourth 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...

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Fiberoptic 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...

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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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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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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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