Fitapelli & Schaffer, LLP filed a class action lawsuit on May 20th, 2015 against Exploration Drilling, Inc. (“Exploration Drilling”) on behalf of flowback operators. The lawsuit claims that Exploration Drilling failed to pay its employees proper overtime pay as required by the Fair Labor Standards Act (the “FLSA”) and the North Dakota Wage Laws, and seeks damages for unpaid overtime hours worked in excess of forty hours per workweek. Affected employees include any current or former flowback operators or other similarly situated employees at Exploration Drilling nationwide within the last three years.
Plaintiff alleges that he and other flowback operators often worked in excess of forty hours a week, often in excess of eighty-four hours a week, and never received overtime pay which is 1.5 times the hourly rate. Flowback operators were paid based on the shifts they work. Flowback operators were required to work at least twelve hours per day, generally twenty to thirty-five consecutive days. Flowback operators work responsibilities included non exempt tasks such as inspecting oil gages to ensure they operated at the correct pressure, and recorded operating data such as quantities of oil produced, gauging results, and operating times. Flowback operators were also required to plan the movement of waste and oil produced by coordinating pick up times with off-site drivers. Their job duties did not include hiring; firing; or disciplining workers. The lawsuit seeks to recover overtime pay for the overtime hours they worked in the last three years.
Current and former flowback operators and other similarly situated employees of Exploration Drilling may have an overtime claim. Fitapelli & Schaffer, LLP is seeking to represent workers who are misclassified as exempt when they are actually entitled to overtime pay. Please contact Fitapelli & Schaffer at (212) 300-0375 to see if you are eligible to join the case.