Fitapelli & Schaffer, LLP along with Bruckner Burch PLLC,have filed a collective action lawsuit against Bar S Services Inc.(“Bar S”), for unpaid wages. Bar-S is a is a full service company for commercial/industrial, oil and gas needs specializing in erecting and dismantling oil rigs, supporting the oil and gas industry in northeastern Colorado and Wyoming. This lawsuit seeks to recover overtime compensation for similarly situated workers – load operators and other similarly situated laborers (collectively “Non-Exempt Laborers”) – who work or have worked for Bar S Services Inc. throughout the United States.
Bar-S pays its Non-Exempt Laborers partly on an hourly basis, and then also pays them additional wages for that week’s work on the same or separate paycheck. These additional wages are subject to applicable payroll taxes and are included in Non-Exempt Laborers’ year end wage amounts on the pay stubs. Despite being non-exempt employees, the company has failed to properly pay Non-Exempt Laborers overtime compensation at 1.5 times their regular rate of pay. Specifically, they did not factor in all compensation it paid Non-Exempt Laborers when calculating the regular rate of pay for purposes of calculating and paying overtime. As a result, Non-Exempt Laborers were significantly underpaid for overtime hours worked. This action is brought on behalf of all other similarly situated Non-Exempt Laborers who elect to opt into this action pursuant to the Fair Labor Standards Act (“FLSA”).
If you currently work or have worked for Bar-S as a load operator, truck operator or in another similar position, you may be eligible to recover owed wages. Feel free to call our firm for more information regarding this matter at (212)300-0375. Additionally, if you’ve worked in the oil and gas industry you may be experiencing similar violations. Unfortunately, it is all too common to not have wages paid out correctly in this industry. If you are paid a salary, day rate, per diem or bonuses, it is possible that all your wages aren’t being calculated into your overtime pay when working over 40 hours per week. Don’t lose out on hard earned money that’s rightfully owed to you. Call us for a free and confidential phone consultation at (212) 300-0375 or visit our website here for helpful information regarding your rights.
You can also view the filed complaint here.