On Friday, April 24, 2020, Fitapelli & Schaffer, LLP along with Bruckner Burch, PLLC, filed a collective action against W&W Energy Services, Inc.(“W&W”), a production and infrastructure services company for oil producers in the Permian Basin region, for unpaid wages. The complaint alleged that W&W Energy Services failed to pay its hourly workers properly for overtime compensation. This lawsuit seeks to recover overtime pay as well as other damages for similarly situated co-workers – which includes non-exempt hourly employees as well as day rate employees paid a per diem (collectively “Class Members”) – under the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”) who work or have worked for W&W, throughout the United States.
W&W pays its Class Members an hourly rate or day rate plus a “per diem” that it unlawfully fails to include in overtime pay. Despite consistently working over 40 hours per week, W&W has failed to properly pay its Class Membersovertime compensation at 1.5 times their regular rates of pay, which should include all compensation. Those affected by this lawsuit may include current and former non-exempt hourly employees as well as day rate employees (if working in New Mexico) and other similarly situated individuals working for W & W Energy Services who were paid a per diem during the last three years.
The oil and gas industry has unfortunately made it the norm to skirt wage and hour laws in order to cut costs. It is a common tactic to improperly calculate the overtime paid to its employees by not including all compensation into the regular rate of pay. If you’ve worked for W&W Energy and would like to know if you may be eligible to join this lawsuit, feel free to call our firm, Fitapelli & Schaffer, LLP at (212) 300-0375. Additionally, if you’ve worked in this industry it may be helpful to speak to one of our employment attorney to see if your employer may owe you wages. Call us now or reach out via our website here.
You can also view the filed complaint here.