Violation of federal and state overtime laws are rampant in the oil and gas industry. Oil and gas industry employers in Wyoming, North Dakota, Texas, Louisiana Pennsylvania and in states and counties where fracking is conducted often fail to pay employees overtime pay required by the Fair Labor Standards Act (FLSA) and other laws. Employers often violate the law by:
- Paying oilfield workers a day rate, with no overtime pay, even though these employees usually work more than 40 hours a week. Paying a day rate, regardless of the number of overtime hours worked, generally violates the law.
- Paying oilfield workers a salary, with no overtime pay for time worked over 40 hours a week. An employee’s job duties, and not the salary determine if overtime must be paid. If you worked more than 40 hours a week, you may be owed overtime pay even if you were paid a salary.
- Misclassifying oilfield workers as independent contractors to avoid paying overtime pay.
- Not paying oilfield workers for all time worked. All work must be paid, including time cleaning safety equipment, set up time, and possibly driving to and from the job site.
- Oftentimes, oil and gas companies avoid paying overtime by paying per diems and/or truck pay, instead of time and half for hours worked over 40 hours each week.
If you are an oilfield or gas worker, contact Werman Salas P.C. We will recover your owed wages anywhere in the United States.