On Monday, March 4, 2019, Fitapelli & Schaffer, LLP, alongside Bruckner Burch, PLLC and the Josephson Dunlap Law Firm, filed a collective and class action lawsuit against Patriot Well Solutions for unpaid wages. Patriot is a leading provider of wireline and coiled tubing services for the Rocky Mountain region as well as the rest of the nation. They actively operate in oilfields in Wyoming, Colorado, North Dakota and Texas, employing hundreds of Wireline Operators and equipment operators throughout the United States. These affected employees have allegedly been denied the appropriate wages. More specifically, Patriot has failed to compensate its wireline operators and all other similar workers for overtime pay.
Wireline Operators for Patriot typically work at least 12-hour shifts, seven days a week, for weeks at a time. Even though wireline operators are treated as non-exempt employees and paid an hourly rate, their overtime pay is allegedly not calculated correctly. This is potentially due to Patriot failing to factor all forms of compensation that their Wireline Operators receive which should have also included their regular non-discretionary job bonuses. The bonus in tandem with their hourly rate should be considered when calculating a regular rate of pay to determine their correct overtime rate. As a result, Patriot has significantly underpaid its Wireline Operators due to incorrectly calculating their overtime rate at 1.5 times their true hourly rate. Under the Fair Labor Standards Act (FLSA) as well as state laws, Wireline Operators and other similarly situated employees can remedy violations of their lawfully earned wages.
Unfortunately, these violations in the energy and gas industry are far too common. Workers are often paid day rates or salaries, and often have their overtime pay miscalculated even when paid hourly, an extremely unfair treatment considering they often work for weeks on end in some of the harshest working conditions. If you work for Patriot Well Solutions 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.