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IN EMPLOYMENT LAW

Oil Field Overtime Lawsuit

At Fitapelli & Schaffer, LLP, we are dedicated to fighting for workers’ rights regardless of the industry in which they work. Many times, it is unclear to workers when their rights are being violated and when they are not being paid properly for their respective job duties. At Fitapelli & Schaffer, LLP, we make it our priority to fight to recuperate what is owed to these hard-working individuals. Most Oil Field overtime lawsuits are becoming more prevalent across the country as workers are becoming more aware of their rights in this industry. Oil field workers are entitled to overtime pay when they work over 40 hours per workweek, regardless of what their employers tell them, or what the standard is in the industry. Our firm has brought oil field overtime lawsuits on behalf of workers to recover their unpaid wages against major corporations, regardless of their size and influence in the industry and beyond.

In May of 2015, our office filed a class action lawsuit in the United States District Court against an oil field company known as Exploration Drilling Inc. (“Exploration Drilling”). This lawsuit was filed on behalf of oil field workers and similarly situated employees that work or have worked for Exploration Drilling during the relevant time period and were paid a day rate for all hours worked, despite the fact that quite frequently, they worked well over 40 hours per work week. The lawsuit alleges that Exploration Drilling violated these employees’ rights by paying them a pre-set amount of money for each day worked, as opposed to an hourly rate for each hour up to forty, and time and one-half-rate for each hour in excess of forty as required by the Fair Labor Standards Act (FLSA) and the North Dakota Wage Laws. This oil field overtime lawsuit is a perfect example of how numerous oil field companies pay their employees throughout the industry, denying them their rightfully earned overtime pay at time and one-half their regular hourly rate, for all hours worked over 40 per workweek.

Another oil field overtime claim was brought in 2015 against Halliburton by the Department of Labor, one of the largest oil and gas service providers with headquarters all over the world. This oil field overtime lawsuit started when it was discovered that Halliburton failed to pay its employees the proper overtime wages for all hours worked beyond 40 per workweek. As a result of this oil field overtime lawsuit, Halliburton was ordered to pay over $18 million dollars in unpaid overtime wages to employees who had been denied their rightfully earned wages.

Similar to oil field overtime lawsuits, the Halliburton lawsuit centered on the misclassification of over 25 job categories as being exempt from overtime pay in accordance with the FLSA. In other words, Halliburton claimed that several salaried positions were not entitled to overtime pay at time and one-half their regular hourly rate for all hours worked in excess of forty per workweek because they fulfilled certain criteria allowing them to be exempt from overtime pay under the FLSA. However, like other major oil field companies across the country, Halliburton was not entitled to special treatment and their argument was denied, finding that these oil and gas workers were in fact eligible for overtime pay under the FLSA. In addition to the unpaid overtime pay claim, Halliburton was also liable for failing to keep accurate records of the hours worked for each oil and gas worker. Like Halliburton, multiple oil field companies in the industry automatically claim that all salaried oil field workers are exempt from overtime pay, which is not the case. Multiple oil field overtime lawsuits are the result of companies like Halliburton taking advantage of workers by not considering the amount paid or the specific job duties performed by their employees, and instead taking the easy way out, and denying these workers overtime pay automatically.

Oil field workers are often misclassified as exempt from overtime pay and are therefore, many times, not paid time and one-half their regular hourly rate in compliance with the FLSA. It is not uncommon for companies, even major corporations, to violate the FLSA by automatically classifying employees as exempt from overtime pay, and deny them certain wages to which they may be entitled. Situations like this lead to oil field overtime lawsuits to recover unpaid overtime for employees in addition to other claims as well. If you feel that you may have been misclassified by your employer or denied proper overtime pay simply because you are a salaried employee, or you are paid a day rate without overtime pay for any time in which you worked at an oil field company, contact the experienced employment lawyers at Fitapelli & Schaffer, LLP for a free consultation at (212) 300-0375.

For more information about overtime and misclassification please visit our website www.fslawfirm.com.

RECORD SETTING AWARDS AND SETTLEMENTS

FOR OUR CLIENTS


$19,100,000

$19.1 Million for Tipped Restaurant Workers. (pending court approval)

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.

$15,900,000

$15.9 Million for Personal Bankers.

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.

$14,500,000

$14.5 Million for Spam Text Victims

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.

$7,000,000

$7.0 Million for Bank Loan Officers

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.

$5,900,000

$5.9 Million for Commissioned Car Salesmen.

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.

$4,300,000

$4.3 Million for Personal Bankers

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.

$4,300,000

$4.3 Million for Entertainers at Gentleman’s Clubs

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.

$3,600,000

$3.6 Million for Tipped Employees at Upscale Restaurant

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.

$3,400,000

$3.4 Million for Assistant Managers at Bank

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.

$3,000,000

$3.0 Million for Bank Loan Officers

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.

$2,836,000

$2.9 Million for Tipped Restaurant Employees.

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.

$2,250,000

$2.25 Million for Tipped Workers at Chain Sports Bar

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.

$2,000,000

$2.0 Million for Bank Loan Officers

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.

$1,950,000

$1.95 Million for Health Care Workers

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.

CONTACT

FITAPELLI & SCHAFFER LLP


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