On June 13, 2025, a former employee filed a collective action lawsuit against Kingsley Directional, LLC and its owner Dusty Sewell. The lawsuit claims that Kingsley misclassified its Measurement While Drilling (MWD) Field Engineers as independent contractors and failed to pay them required overtime wages. Kingsley Directional, based in Conroe, Texas, provides directional drilling and MWD services at oil and gas sites across the U.S.
The lawsuit alleges that MWD Engineers regularly worked 12-hour shifts for 14 days at a time — often in remote, demanding conditions — but were paid a flat day rate without receiving time-and-a-half pay for hours over 40 per week, as required by the Fair Labor Standards Act (FLSA). Although labeled as “independent contractors,” the complaint says Kingsley exercised full control over their work: assigning job sites, setting schedules, providing tools, and requiring daily reports. MWD Engineers were economically dependent on Kingsley and did not operate as independent businesses.
Why does being labeled an “independent contractor” matter here?
The lawsuit alleges that despite being called independent contractors, MWD Engineers were controlled by Kingsley in ways typical of an employee relationship — assigned job sites, set schedules, and provided tools — which under the FLSA can make someone an employee entitled to overtime regardless of the label used.
Who might be covered by this case?
Current and former MWD Field Engineers who worked for Kingsley Directional over the past three years and were paid a flat day rate without overtime.
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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