On October 24, 2025, a former Rig Supervisor filed a class and collective action lawsuit against Apex Well Servicing USA Inc. in federal court. The lawsuit alleges that the company failed to properly pay overtime wages to hundreds of Oilfield Workers, including Rig Supervisors, Rig Operators, and similar hourly positions across the United States. Apex Well, headquartered in Williston, North Dakota, is a Canadian-based oil and gas service company that provides rig, pressure, and maintenance services to oil well owners nationwide.

According to the complaint, Apex Well underpaid its workers by excluding per diem payments from their regular rate of pay, which resulted in reduced overtime pay. The lawsuit also claims that Apex Well failed to compensate employees for all work time, including required pre- and post-shift duties such as picking up crew members, gathering supplies, and returning equipment to the yard.

The lawsuit further alleges that Apex Well:

• Misclassified per diem wages as non-compensable despite being tied to hours worked
• Failed to include per diem pay in overtime calculations, shorting workers on time-and-a-half pay
• Did not pay for compensable travel and waiting time
• Failed to keep accurate records of hours worked

These alleged practices violate both the Fair Labor Standards Act (FLSA) and North Dakota wage laws, which require that all hours worked over 40 per week be paid at one and a half times a worker’s regular rate, including all wages and bonuses.

The lawsuit, filed by Armando Ortiz at Fitapelli & Schaffer, LLP and by Bruckner Burch PLLC, seeks to recover unpaid overtime on behalf of all affected current and former oilfield workers.

Have you worked for Apex Well Servicing and think you were underpaid? You may be entitled to back pay and additional compensation. Contact Fitapelli & Schaffer for a free and confidential consultation at (212) 300-0375 or [visit our website] to learn more about your rights under federal and state wage laws.

You can also view the filed complaint here.