On Tuesday March 10, 2020, Fitapelli & Schaffer, LLP along with Shellist Lazarz Slobin LLP, filed a collective action against ProPetro Services, Inc., an oilfield services company, for unpaid wages. The complaint alleged that ProPetro failed to pay its hourly workers properly for overtime compensation. This lawsuit seeks to recover all damages available under the Fair Labor Standards Act (“FLSA”), including back wages, liquidated damages, legal fees, costs, and post-judgment interest.
Affected employees in this matter include hourly workers for ProPetro, such as frac operators, who were paid an hourly rate plus a per diem. ProPetro failed to take into account the total compensation for these workers’ pay when calculating their overtime as required by the FLSA. Instead of including the per diem into the time and a half calculation for overtime, ProPetro used their hourly rate only, lowering their regular rate of pay needed to correctly calculate their overtime rate when working over 40 hours per week. This lawsuit was filed on behalf of all non-exempt hourly employees who worked for ProPetro that routinely clocked over 40 hours in a 7 day workweek within the last three years.
The oil and gas industry has unfortunately made it the norm to overwork its employees and simultaneously skirt several federal and state wage and hour laws. If you work or have worked for ProPetro services in the last 3 years and would like to know if you’re eligible to join this lawsuit you can reach us at (212)300-0375. Additionally, if you have worked in the industry and have questions about your pay do not hesitate to call us for a free and confidential consultation or you can visit our website for additional information.
You can also view the complaint here.