Fitapelli & Schaffer, LLP along with Bruckner Burch PLLC, and the Joseph Dunlap Law Firm filed a class action lawsuit on August 11, 2017 against Hess Corporation (“Hess”) on behalf of oilfield workers. The lawsuit claims that Hess 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 oilfield workers such as Rig Clerks or other similarly situated employees who were paid a day rate at Hess nationwide within the last three years.
Plaintiff alleges that he and other oilfield workers often worked in excess of forty hours a week, often in excess of eighty-four hours a week, and never received overtime pay. Oilfield workers were paid a day rate and their total weekly compensation was based on the shifts they worked rather than the hours they worked. Oilfield workers were required to work at least twelve hours per day and could work up to fourteen consecutive days. Oilfield workers such as Rig Clerks’ work responsibilities included coordinating deliveries, ordering supplies, checking on the status of supplies, and other non exempt work. Their job duties did not include hiring; firing; or disciplining workers. The lawsuit seeks to recover unpaid overtime pay for the hours they worked over 40 in a workweek.
Current and former oilfield workers such as Rig Clerks and other similarly situated employees who were paid a day rate may have an overtime claim against Hess. 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.