The energy service provider, W&W Energy, which offers a complete line of construction and maintenance of oil sites for the Permean Basin Region, has recently been sued for unpaid wages. Hourly and day rate employees represented by Fitapelli & Schaffer, LLP along with Bruckner Burch, PLLC that were paid a per diem allege that the oil services provider failed to properly them their overtime. The lawsuit aims to recover overtime wages as well as other damages under the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”).
The lawsuit alleges that W&W Energy pays its hourly and day rate employees a per diem but fails to include it their overtime pay calculations as required by the FLSA and NMMWA. Hourly and Day Rate employees consistently work over 40 hours per week, but do not receive the proper overtime compensation which should include all compensation, such as per diems or bonuses, and should be calculated at 1.5 times their regular rate of pay. Affected employees may include current and former non-exempt hourly employees as well as day rate employees (if working in New Mexico) and other similarly situated employees that work or worked for W & W Energy Services within the last three years earning a per diem.
It is unfortunately a common tactic to improperly calculate the overtime of hard-working Americans in this industry in order to cut costs. If you are paid a per diem or bonuses and are entitled to overtime, your employer should be including them when calculating your regular rate of pay as well as overtime. If you’ve worked for W&W Energy Services within the last three years and want to know if you’re eligible to join this lawsuit, please contact our firm, Fitapelli & Schaffer, LLP at (212) 300-0375. Additionally, if you have a similar pay structure and are concerned that you may not be getting paid for all your wages, contact us for a free and confidential consultation or view our website here.
The oil and gas industry has unfortunately made it the norm to skirt wage and hour laws in order to cut costs. It is a common tactic to improperly calculate the overtime paid to its employees by not including all compensation into the regular rate of pay. If you’ve worked for W&W Energy and would like to know if you may be eligible to join this lawsuit, feel free to call our firm, Fitapelli & Schaffer, LLP at (212) 300-0375. Additionally, if you’ve worked in this industry it may be helpful to speak to one of our employment attorney to see if your employer may owe you wages. Call us now or reach out via our website here.
You can also view the filed complaint here.