Oilfield Workers – Wage & Hour Litigation – Frequently Asked Questions

1. What is a wage and hour claim?

This type of claim seeks just compensation for employees who were not properly paid for work they completed. We believe that some oilfield companies may have wrongfully denied certain workers time-and-a-half pay for overtime hours.

2. What does the law say about wage and hour claims?

Under the Fair Labor Standards Act (FLSA) and similar Texas laws, certain covered employees are entitled to overtime compensation for any work completed in excess of forty hours per week.

3. Against which companies are you evaluating wage and hour claims?

We are currently evaluating claims from oilfield employees of companies including Schlumberger and Pathfinder. We will certainly evaluate claims against other oilfield companies as these arise.

4. How have these companies potentially violated the FLSA?

In recent years, numerous FLSA violation claims have been brought against oil industry companies such as Baker Hughes and Schlumberger for failure to pay proper overtime wages to oilfield workers. Many of these claims address the unlawful practice of paying certain oilfield workers the same rate for hours worked over the forty hour work week, when in actuality they should be receiving overtime pay, or time and a half pay.

5. How do I know if I have a wage and hour claim?

If you do not believe that you have been properly compensated for overtime pay (time and a half) for hours worked over the forty hour workweek in the past two to three years, you may qualify. Please contact our office at 1-800-247-1623 for a free consultation.

6. Will my wage and hour claim be part of a class action lawsuit?

These claims may be filed under a collective action lawsuit. This allows for groups of employees who are similarly situated to pool their claims and resources into one action.

7. Will I be fired if I bring a wage and hour claim against my current employer?

By law, employers cannot retaliate against employees who bring a wage and hour claim against their employer. Although oilfield workers may be hesitant to bring claims against their current employers, it is important to note that, by law, employers cannot retaliate against employees for bringing FLSA claims against their employers. The types of complaints protected against retaliation claims include both informal and formal complaints.

8. My employer did not keep records of my time worked. Does this disqualify me from bringing a wage and hour claim against them?

If your employer did not keep proper time records, this certainly does not disqualify you from bringing a wage and hour claim against them. You will be asked to provide your best estimate as to the overtime hours you worked.

9. Am I at risk to pay attorneys’ fees if my case is not successful?

Under the FLSA, reasonable attorney’s fees and action expenses are to be paid by the defendant employer, in addition to any judgment awarded to recovering employees. This means that if an employee is successful in action against Schlumberger, any attorney’s fees and expenses incurred during the course of litigation would be paid by Schlumberger to our office and would not be deducted from any amount you recover.

10. What documentation will I need to submit to have my wage and hour claim evaluated?

We will need copies of the following, if they are in your possession:

  • Pay stubs (2010 to present);
  • Income tax returns (2010-2013);
  • Any executed employment agreements from 2010 to present;
  • Any time sheets or time entry forms from 2010 to present;
  • Any employment manuals in your possession; and,
  • Any employment documents signed by you, including any documents regarding arbitration or your waiver of a jury trial.

11. Is there a cost to have my case evaluated by your law firm?

There is no cost to have your case evaluated by our firm. Furthermore, if you do not recover anything from your employer, you do not owe our firm any fees. Please contact our office at 1-800-247-1623 for a free consultation.

12. What is the time limit on the overtime pay that I could potentially recover?

Any employer who violates the FLSA overtime pay requirement is liable to the employee for their unpaid overtime compensation and potentially an equal amount of liquidated damages.

Employees who prevail in an FLSA case are entitled to damages for the previous two years of employment. But, if an employer acted intentionally or willfully in violating the FLSA, the employee is entitled to the previous three years of employment.

If you believe that you or a loved one has not received proper overtime compensation under the FLSA from oilfield employers, you may be entitled to certain damages. Please contact our firm at 1-800-247-1623 or johnhart@hartlaw.com for a free consultation today to discuss your legal rights.

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