On October 24, 2025, a former Rig Supervisor filed a class- and collective-action lawsuit against Apex Well Servicing USA Inc. in federal court. The lawsuit alleges that the company failed to properly pay overtime wages to hundreds of Oilfield Workers, including Rig Supervisors, Rig Operators, and similar workers in hourly positions across the United States. Apex Well is a Canadian-based oil and gas service company with U.S. headquarters in Williston, North Dakota, that provides rig, pressure, and maintenance services to oil well owners nationwide.
According to the complaint, Apex Well underpaid its workers by excluding per diem payments from their regular rate of pay, which reduced overtime pay. The lawsuit also claims that Apex Well failed to compensate employees for all work time, including required pre- and post-shift duties such as picking up crew members, gathering supplies, and returning equipment to the yard, and that the company failed to keep accurate records of hours worked, in violation of the FLSA and North Dakota wage laws.
Why does it matter that per diem was excluded from overtime calculations?
Per diem payments tied to hours worked generally must be included in an employee's regular rate of pay when calculating overtime. The lawsuit alleges Apex Well treated per diem as non-compensable, which shorted Oilfield Workers on the time-and-a-half pay they were owed.
Who might be covered by this case?
Current and former Oilfield Workers, including Rig Supervisors and Rig Operators, who worked for Apex Well Servicing USA Inc. and received per diem pay along with their hourly wages.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if this applies to me?
Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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