MBI Energy Services, Inc., a leading provider for completion, well intervention, water management and logistics in the United States, has recently been sued for failing to pay its employees the appropriate wages. A significant number of potentially affected employees work or have worked for MBI Energy in the Williston Basin in North Dakota and the Rocky Mountain region, as well as the Eagle Ford play in Texas, the Marcellus play in Pennsylvania, and the Niobrara play in Wyoming. Affected workers include Wireline Engineers and other employees with similar job descriptions.
Wireline Engineers and other employees in similar job titles working on MBI Energy oil well sites typically work at least 12-hour shifts, 7 days a week, often for weeks at a time, all while enduring some of the harshest working conditions. In order to avoid paying Wireline Engineers overtime for hours worked over 40 per week, the company allegedly misclassified all Wireline Engineers as exempt from receiving overtime pay as required by the Fair Labor Standards Act (“FLSA”) and other state labor laws. Despite this classification, Wireline Engineers have non-exempt job duties meaning they qualify to receive overtime pay under the FLSA due to the type of work they are asked to complete. For example, Wireline Engineers complete job duties that include operating a wireline truck’s winch, lowering tools down wells, setting wireline plugs, setting lines in the well site, rigging up and rigging down well sites, and completing route client/company checklists. Moreover, Wireline Engineers cannot hire or fire employees, nor are they involved in the interview process. Due to these job descriptions, Wireline Engineers should be considered non-exempt employees under the FLSA and be entitled to receiving overtime pay working over 40 hours per week.
Unfortunately, these violations in the oil and gas industry happen far too frequently. Workers are often paid day rates or salaries, and often have their overtime pay miscalculated even when paid hourly. Considering, they often work for weeks on end in terrible working conditions it’s extremely unfair treatment to not get compensated as the law requires. If you work or worked for for MBI Energy Services, Inc., Missouri Basin Well Service, Inc., High Plains Inc or in the oil and gas industry and have questions about your pay, please give the employment lawyers of Fitapelli & Schaffer a call. We offer a free phone consultation with one of our experienced attorneys. Reach us now at (212)300-0375 or visit us on our website.
You can also view the complaint here.