DCS All American, LLC Wage and Hour Lawsuit

Fitapelli & Schaffer, LLP, alongside Bruckner Burch PLLC, filed a collective action lawsuit against DCS All American, LLC (“DCS”) for unpaid wages. DCS is a Texas-based third-party vendor that provides workers with solids control experience to companies in the oil and gas industry. Day Rate Employees for the company have alleged that they have not been properly paid for all hours worked as required by the Fair Labor Standards Act (“FLSA”), resulting in unpaid overtime. This lawsuit seeks to recover overtime pay for all current and former day rate employees who provided services on behalf of DCS and were classified as independent contractors and paid a day rate during the last three years.

Specifically, the collective action lawsuit alleges that Day Rate Employees regularly worked in excess of 40 hours per week but did not receive any overtime pay for these hours. Instead of paying overtime as required by the FLSA, DCS improperly classified Day Rate Employees and those similarly situated as independent contractors and paid them a daily rate with no overtime compensation, despite having substantial custody and control over their day-to-day work.

You can also view the filed complaint here.

FREQUENTLY ASKED QUESTIONS

Why does it matter that DCS classified workers as independent contractors?

Independent contractors aren't entitled to overtime under the FLSA, but employees are. The lawsuit alleges DCS's Day Rate Employees were treated like employees in every practical way, subject to DCS's control, given daily instructions, and economically dependent on the company, which means they should have been classified as employees entitled to overtime.

Who might be covered by this case?

Current and former Day Rate Employees who provided services on behalf of DCS All American, were classified as independent contractors, and were paid a day rate during the last three years.

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 under the NYLL may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.

What can I recover if I worked at one of these businesses?

Depending on your circumstances, you may be entitled to recover unpaid minimum wages, overtime wages, uniform maintenance pay, uniform reimbursement, and damages tied to inaccurate wage notices or statements.

Where can I view the complaint that was filed?

The filed complaint is publicly available as a PDF, linked directly from this page.

CONTACT FITAPELLI & SCHAFFER LLP