On October 15, 2015, the United States District Court for the District of Montana granted Plaintiff’s Motion for Conditional Certification and Notice against Exploration Drilling for Unpaid Overtime under the Fair Labor Standards Act (“FLSA”). In granting Conditional Certification, the Court held that Plaintiff met his burden of establishing that he and the putative class members, consisting of Flowback Operators, are similarly situated. This determination by the Court was based off of six declarations, one from Plaintiff and the rest from putative class members. They all asserted that their employment with Exploration Drilling as Flowback Operators was similar.
In granting the proposed notice, the Court held that notice may be sent to Flowback Operators who work or have worked at Exploration Drilling in the last three years. The Court further held that a reminder notice, to be sent 30 days after the initial notice, is acceptable.
Flowback Operators employed at Exploration Drilling are responsible for assisting in the operation and monitoring of oil wells. Duties of Flowback Operators include inspecting oil gages to ensure they are operating at the correct pressure and to relieve pressure if necessary. Duties additionally include recording operating data and coordinating the transportation of waste and oil. We allege that these employees worked well over 40 hours per week without receiving proper overtime pay.
Fitapelli & Schaffer LLP is seeking to represent Flowback Operators who worked at Exploration Drilling or any other Oil Drilling Company. Any Flowback Operator who has worked in the last three years may have a wage claim. Please contact the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375, to see if you are eligible to join the case.