On Thursday, June 11, 2020, Fitapelli & Schaffer, LLP alongside Bruckner Burch PLLC, filed a collective action against OD Inspections, Inc.(“OD Inspections”) for unpaid wages. The complaint alleges that the leading provider of inspection services to the oil and gas industry, misclassified its employees and failed to pay them overtime. Specifically, this lawsuit seeks to recover overtime compensation for salaried inspectors, inspector helpers and other similarly situated co-workers (“Inspectors”) – who have worked for OD Inspections, Inc. (“OD Inspections”) in the United States.
Inspectors for OD Inspections went from being W-2 employees earning overtime to being classified as 1099 independent contractors on salary sometime within the last three years. Despite this change in classification, Inspector’s primary duties as well as long hours remained the same. They continued to have non-exempt primary duties that involve applying well-established testing procedures that are routine and technical in nature. For example, Inspectors are sent to job sites by OD Inspections and perform routine inspections on oil & gas and manufacturing equipment, such as ultrasonic, MAG particle, and visual inspections. Additionally, OD Inspections had direct control over Inspectors’ day-to-day activities at all times relevant. For instance, the company controlled their work schedules, job assignments, and provided the equipment necessary to perform their job inspections on the oil & gas and manufacturing equipment. This set up caused Inspectors to be wholly economically dependent upon OD Inspections and created an employee/employer relationship without any of the benefits. OD Inspections has allegedly used this tactic of misclassifying its inspectors to avoid paying overtime for hours worked in excess of 40 per workweek under the Fair Labor Standards Act (“FLSA”).
Affected employees may include all current and former inspectors and/or inspector helpers who worked for OD Inspections, Inc. during the last three years that were paid with a salary. If you would like to know if you are eligible to participate in this matter, do not hesitate to contact our firm, Fitapelli & Schaffer, LLP, at (212)300-0375. Also, if you work in the oil and gas industry and have concerns about your pay structure, call us for a free and confidential phone consultation or visit our website for helpful information regarding your rights.
You can also view the filed complaint here.