Fitapelli & Schaffer LLP has filed a new lawsuit against Total Directional Services LLC, alleging that the company failed to properly pay overtime wages to oilfield workers across the United States.
The case, filed in federal court in Colorado, claims that Total Directional misclassified workers such as MWD Engineers, directional drillers, and other oilfield personnel as independent contractors and paid them a flat day rate, regardless of how many hours they worked.
According to the complaint, these workers regularly worked demanding schedules, often exceeding 40 hours per week while stationed at job sites for extended periods of time. Despite these long hours, they were allegedly not paid overtime wages as required under the Fair Labor Standards Act.
The lawsuit further alleges that Total Directional exercised significant control over these workers, including assigning job sites, setting schedules, requiring compliance with company procedures, and providing the equipment necessary to perform their jobs. Despite this level of control, the company classified workers as independent contractors, a practice the lawsuit claims was designed to avoid paying overtime.
In addition, the complaint alleges that workers were required to work consecutive days on “hitches,” sometimes lasting two weeks or longer, with shifts often exceeding 12 hours per day. The lawsuit also claims that workers were required to form their own LLCs in order to continue working, even though their day-to-day job duties and working conditions remained the same.
The case seeks to recover unpaid overtime wages under federal law, as well as additional damages under applicable state laws, including North Dakota wage laws for workers who performed work in that state.
This lawsuit was filed by attorneys Joseph Fitapelli and Armando Ortiz of Fitapelli & Schaffer LLP, who represent the plaintiff and other similarly situated workers in this collective and class action.
If you worked for Total Directional or a similar oilfield services company and were paid a day rate without overtime, you may have legal rights. Contact our firm for a free consultation to learn more about your options.