The oil and gas industry is still booming with job opportunities seen throughout the exploration and production of the Permian Basin and the Bakken, Eagle Ford and Marcellus shale formations which has positively affected local economies by creating thousands of jobs. However, the way that the majority of these workers are getting paid has left much room for improvement. It is very common throughout these industries to get paid a day rate which includes pay for all of their hours worked in a day. Although this form of structuring pay can be legal, if an employee is working over 40 hours a week they must be properly compensated for their overtime hours. Unfortunately, it has come to light that these oilfield workers are often denied their overtime pay. A common tactic used within the industry to avoid paying overtime is to pay workers by the mile, by the foot, a per diem rate, a day rate or a set salary. Many of the employees that fill these jobs routinely work long arduous hours and are unaware that they end up being paid much less than what federal and state overtime laws require.
In order to combat these alleged violations many day rate workers in the oil and gas industry have launched investigations and class action overtime lawsuits against several oil field companies. Many of the findings and results have been favorable for these hard working employees and has facilitated them becoming more aware of their rights within the industry.
When working over 40 hours in a week, oil field workers are entitled to receive overtime pay despite the industries long standing practice of not compensating workers for it. It may seem daunting to speak out against a major corporation and request that they change what they deem to be standard pay within the industry, but the law sides with the workers.
Even though overtime lawsuits in the oil field have become more prevalent across the country, many workers are still unaware that their rights are being violated under the law, such as the Fair Labor Standards Act (FLSA). To have a better understanding of what type of positions in the industry may be affected, please see the list below:
Many of these investigations that were launched through the Department of Labor (DOL) or lawsuits that were filed with labor law firms have had great results for these overworked and undercompensated employees. Many workers have been paid out damages to help cover their unpaid wages, more specifically their overtime pay when working over 40 hours per week. Some notable cases that have had favorable results for oil and gas workers are:
Unfortunately, it is still all too common for even the largest corporations in the industry to violate the FLSA by incorrectly classifying oil field workers as exempt from receiving overtime pay. If you are unsure about being classified correctly in this industry, it is always a good idea to consult with an employment attorney to see what wages you are actually entitled to receive. Since there a strict time limits to which you can bring your claims, it is recommended that you do so as soon as possible.
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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