On Monday, March 18, 2019, Fitapelli & Schaffer, LLP alongside Bruckner Burch, PLLC, filed a class and collective action lawsuit against MBI Energy Services (“MBI Energy”) for unpaid wages. MBI Energy is a $600 million company and a leader in its industry for completion, well intervention, water management and logistics. They actively operate in the Williston Basin in North Dakota and the Rocky Mountain region, as well as the Eagle Ford play in Texas, the Marcellus play in Pennsylvania, and the Niobrara play in Wyoming boasting more than 1,600 employees throughout the nation. This lawsuit seeks to recover overtime compensation for salaried wireline engineers and all other similarly situated workers who work or have worked for MBI Energy Services, Inc., Missouri Basin Well Service, Inc., and High Plains Inc. in the United States.
Wireline Engineers and other similarly situated employees working on MBI Energy oil well sites typically work at least 12-hour shifts, 7 days a week, for weeks at a time, all while in some of the harshest working conditions. In order to avoid paying Wireline Engineers overtime for hours worked in excess of 40 per workweek, Defendants uniformly misclassified them as exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) and corresponding state wage and hour laws. Despite this classification, Wireline Engineers and other similarly situated employees have non-exempt primary duties meaning they qualify to receive overtime pay under the FLSA. For example, Wireline Engineers have non-exempt primary duties that include operating a wireline truck’s winch, lowering tools down wells, setting wireline plugs, setting lines in the well site, rigging up and rigging down well sites, and completing route client/company checklists. Moreover, Wireline Engineers cannot hire or fire employees, nor are they involved in the interview process. As such, Wireline Engineers are non-exempt employees under the FLSA and corresponding state wage and hour laws.
The Plaintiff in this class and collective class action brings this action on behalf of himself and other similarly situated current and former Wireline Engineers who elect to opt-in to this action pursuant to the FLSA to remedy violations of the wage-and-hour provisions of the FLSA by MBI Energy that have deprived Wireline Engineers and other similarly situated employees of their lawfully earned wages. If you work for MBI Energy Services or in the oil and gas industry and have questions or concerns about your pay structure give the employment lawyers of Fitapelli & Schaffer a call. We offer a free phone consultation with one of our experienced attorneys. Reach us now at (212)300-0375 or visit us on our website.
You can also view the complaint here.