On Tuesday, December 27, 2016 Fitapelli & Schaffer, LLP along with Bruckner Burch PLLC filed a collective action against Keane Group Holdings for unpaid wages. Keane, well known to some of the largest oil and gas companies, offers completion services such as hydraulic fracturing, engineered solutions, wireline technologies, coiled tubing, top hole air rig packages, and cementing. This lawsuit seeks to recover overtime pay for plaintiffs and their similarly situated oilfield coworkers. Affected workers include QSHE Coordinators, Wireline Supervisors and other similar salaried workers.
In order to offer all of these services, Keane employs hundreds of oilfield workers throughout the United States. Their oilfield employees are salaried workers and typically work the oil rigs for 12 hour shifts, 7 days a week for weeks at a time, all while in some of the harshest working conditions. In order to avoid paying QHSE Coordinators, Wireline Supervisors, and other similar salaried workers overtime for hours worked in excess of 40 per workweek, Keane allegedly misclassified them as exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
Despite this classification, Plaintiffs and similarly situated salaried workers have non-exempt primary duties. In this regard, QHSE Coordinators, the first level of employees in Keane’s safety services, have primary duties that involve assisting rigging up and rigging down oilfield equipment, hauling iron, hauling trailers, setting up chains at a job site, picking up supplies, cleaning up the job site, mixing Gatorade and refilling water, checking shower trailers, and completing routine client/company checklists. Similarly, Wireline Supervisors also have non-exempt primary duties that involve operating the wireline truck’s winch, lowering tools down the well, setting wireline plugs, and completing route client/company checklists. Due to the extent of manual labor required as well as basic primary duties involved in these job titles, the lawsuit alleges that these positions should not be exempt from receiving overtime pay under the FLSA.
This collective action will attempt to include all similarly situated current and former salaried workers who choose to opt-in to this action. This lawsuit seeks to remedy violations of the wage-and-hour provisions of the FLSA by Keane that has deprived its oilfield workers of their lawfully earned wages. If you are a current or former worker of Keane Group Holdings and are unsure about your pay structure, please give one of the employment attorneys of Fitapelli & Schaffer, LLP a call for a free phone consultation. You will be able to address your concerns with one of our experienced attorneys and see if you may have a wage claim. You can reach us at (212) 300-0375 or visit our website fslawfirm.com for more information. You can also view the complaint by clicking here.
Workers such as servers, bussers, runners bartenders, barbacks and other tipped workers at a large national casual dining chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime, spread-of hours, misappropriated tips, uniform-related expenses and unlawful deductions.
The firm was able to recover overtime compensation for personal bankers and others similarly situated at a national bank that operates hundreds of branches throughout the United States. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales quotas but were not compensated overtime for their pay.
Fitapelli & Schaffer was able to recover damages for recipients of unwanted promotional text messages from a popular young adult clothing retailer. The clothing company allegedly violated the Telephone Consumer Protection Act by sending text messages to recipients’ cellular phones without their prior express written consent.
The firm was able to recover overtime compensation for loan officers at a national bank that operates more than hundreds of branches nationwide. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales goals but were not compensated overtime for their pay.
One of the largest auto dealerships in the NYC Metropolitan Area agreed to pay owed wages to its car salesmen. The company was accused of failing to pay salesmen the proper minimum wage, overtime pay, commissions, and made unlawful deductions from their earned wages in violation of federal labor laws.
Even though personal bankers at this nationwide bank were classified as exempt from receiving overtime pay, the company routinely required them to work in excess of 40 hours per week. There are federal laws that help protect workers from misclassification and in this situation; Fitapelli & Schaffer was able to recover unpaid overtime for personal bankers throughout the United States.
F&S represented entertainers at a popular gentleman’s club in New York City that claimed the club failed to pay them the proper wages. The entertainers were able to recover owed wages that included unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained tips, unlawful deductions, and uniform-related expenses.
Tipped workers alleged that a Mexican Michelin rated restaurant with 17 locations denied them overtime pay, minimum wages, and call-in pay. Our firm was able to recover wages for these tipped employees that included servers, bussers, bartenders, food runners and barbacks.
Fitapelli & Schaffer successfully recovered unpaid overtime for assistant managers on a salary at a bank with locations nationwide. The salaried workers argued that they were wrongfully classified as exempt from receiving overtime when working over 40 hours per week.
The fast food chain allegedly misclassified its assistant managers as salaried workers and considered them exempt from receiving overtime pay when working over 40 hours per week. Fitapelli & Schaffer was able to recover overtime compensation for all of the popular fast food chains’ assistant managers nationwide, with the exception of California.
Fitapelli & Schaffer was able to recover unpaid minimum wages, overtime, spread-of hours, and unlawful deductions for tipped restaurant workers at a popular dining chain. Affected workers included servers, bussers, runners bartenders, barbacks and other tipped workers.
proper minimum wage and overtime. Fitapelli & Schaffer helped the workers recover owed wages to the following positions: servers, bussers, bartenders, and other tipped workers under federal and state labor laws.
Fitapelli & Schaffer was able to successfully recover unpaid overtime for loan officers at a nationwide bank that operates over one thousand locations across the United States. Loan officers for the company alleged that even though they were hourly employees and consistently worked over 40 hours per week they were working off the clock and not getting overtime pay.
A New York based health insurance provider allegedly had its health care workers working over 40 hours per week but required they submit weekly timesheets that only showed they worked 37.5 hours. Fitapelli & Schaffer was able to successfully recover compensation for unpaid wages, overtime and spread of hours pay.
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