Day Rate Workers of Oil Field Services Company Sue for Unpaid Overtime

Day rate workers for Integrity Inspection Services, LLC, an oilfield inspection and maintenance provider, have decided to make a stand and take back what they allege is rightfully theirs. A class and collective action was recently filed to help recover unpaid overtime for employees who ensured pipeline projects were properly constructed and maintained in New Mexico and across the United States. The complaint notes that the class and collective seeks to recover overtime pay, liquidated damages, attorney’s fees and costs for class members who have worked for Integrity Inspection Services. This lawsuit has been brought on behalf of all current and former Day rate workers under the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”).

These affected employees, such as inspectors, regularly worked well over 40 hours a week. Their schedules typically had them on a job site for a minimum of ten-hour shifts, six days a week, for weeks on end in often times very grueling conditions. They were paid a set day rate as well as mileage, a per diem, and daily equipment pay. Even though these workers were considered non-exempt employees, they claim Integrity Inspection Services failed to correctly pay them their overtime 1.5 times their regular rate of pay as required by the FLSA. The law requires all forms of compensation, such as bonuses and per diems, be included in your regular rate of pay when calculating overtime. In this regard, the company failed to factor in non-discretionary job bonuses into Day rate workers regular rate for determining overtime pay. Due to this alleged violation of the FLSA, the oil field service provider significantly underpaid its employees for their overtime. The complaint also claimed that the company failed to keep accurate time records of hours worked by its employees which is required under the FLSA.

If you or anyone you know has been a current or former day rate worker of Integrity Inspection Services, LLC within the last three years in New Mexico or the larger United States, they may be eligible to join the case if they were paid with a day rate and/or job bonus. Please call our firm, Fitapelli & Schaffer, LLP, at (212) 300-0375 for additional information. Similarly, if you’ve worked in the oil and gas industry and feel you may be experiencing similar pay issues, call us for a free and confidential consultation or visit our website here.

The filed complaint can be found here.