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INVESTIGATIONS
Oil and gas work can involve long shifts, changing locations, day rates, salaries, per diem payments, bonuses, or contractor arrangements. A labor and employment lawyer reviewing a pay concern will generally need the worker’s actual duties, schedule, compensation records, classification, location, and other facts. A particular pay method doesn’t establish a violation by itself.
On this page, investigation means that the firm may review information to decide whether further legal analysis is appropriate. It doesn’t mean a government agency has opened an investigation, that a violation occurred, or that the firm has agreed to represent anyone.
Workers may ask how recorded hours, overtime, day rates, salaries, per diem payments, bonuses, or deductions were handled. Others may question whether a contractor label reflects the actual working relationship. Each issue requires a separate factual and legal analysis.
Questions may arise for operators, inspectors, drillers, field specialists, engineers, coordinators, technicians, tool pushers, pipeline workers, and other field personnel. Inclusion in this list doesn’t mean a role is automatically entitled to overtime or has been classified incorrectly.
Oil and gas work may cross state lines or involve changing worksites and different entities. A review may need to identify the employer or employers, where the work occurred, the relevant time period, the worker’s duties, and which federal or state rules may apply.
Useful materials may include pay statements, day-rate or salary agreements, timesheets, schedules, job tickets, rotation records, travel or per diem policies, contractor agreements, and messages about required work. Workers should preserve only records they’re authorized to keep.
Fitapelli & Schaffer LLP can review information from workers and discuss whether additional analysis may be appropriate. Multi-state matters still require examination of the facts and law applicable to the particular worker and assignment.
Workers with questions about pay, hours, duties, or classification can contact the firm to request a consultation. An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship.
This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.
What are some of the ways employers in the oil and gas industry might break wage-and-hour laws?
Depending on the details: failing to pay overtime to day rate workers, failing to pay overtime to salaried employees, failing to pay overtime to misclassified independent contractors.
Does receiving a day rate eliminate overtime?
Not automatically. The pay arrangement, worker’s status, duties, hours, and applicable law require review.
Are salaried oil and gas workers always exempt?
No categorical answer applies. Salary is only part of a possible exemption analysis.
Does a contractor agreement determine worker status?
Not by itself. The actual relationship and applicable classification standard may also matter.
Which records may help establish working time?
Schedules, rotation records, timesheets, job tickets, messages, and other reliable records may be relevant.