D&G Directional Drilling, Inc. Wage and Hour Lawsuit
Fitapelli & Schaffer, LLP, alongside Bruckner Burch PLLC, filed a collective action lawsuit against D&G Directional Drilling, a drilling and pipeline construction company that services oil and gas companies throughout the United States, for failure to pay its employees the proper wages. This lawsuit seeks to recover overtime compensation for labor hands and other similarly situated laborers (collectively “Non-Exempt Laborers”) who work or have worked for D&G Directional Drilling, Inc. (“D&G”) throughout the United States under the Fair Labor Standards Act (“FLSA”).
D&G pays its Non-Exempt Laborers partly on an hourly basis and also pays them additional wages for that week's work on the same or a separate paycheck. These additional wages are subject to applicable payroll taxes and are included in Non-Exempt Laborers' year-end wage amounts on their pay stubs. Despite being non-exempt employees, D&G has allegedly failed to properly pay Non-Exempt Laborers overtime compensation at 1.5 times their regular rate of pay, because it did not factor in all compensation paid when calculating the regular rate of pay used to determine overtime.
What does "regular rate of pay" mean, and why does it matter here?
Overtime pay is calculated as 1.5 times an employee's "regular rate of pay," which is supposed to include most forms of compensation, not just a base hourly wage. The lawsuit alleges D&G left out additional wages paid on the same or a separate paycheck when calculating this rate, which understated the overtime laborers were owed.
Who might be covered by this case?
Current and former Non-Exempt Laborers, including labor hands and similar positions, who worked for D&G Directional Drilling throughout the United States and received both an hourly wage and additional compensation on their paychecks.
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.
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