A new case filed in the Southern District of Texas seeks to recover unpaid overtime wages for Rosendo Zamora who worked for Baker Hughes as a Closed Loop Operator. This is yet another instance where oilfield workers who are paid using a day-rate or hybrid salary plus a day-rate pay scheme have sued claiming their employer did not use the correct way to calculate overtime pay and that they were illegally deprived of overtime pay.
As we have discussed in other cases, the long-standing use of day rate pay schemes in the oil patch has been a hot topic and the basis for a number of recent lawsuits seeking to recover unpaid overtime wages. In short, these cases are all based upon the employer’s failure to pay overtime wages to workers – in addition to their salary and/or day rate. Despite a long history of oil and gas companies paying a day rate with no overtime, it is not legal under federal wage and hour laws, and workers are now beginning to take steps to assert and protect their rights.
This scenario is one that employment law firms like ours that handle overtime claims across the country see routinely these days, and one that we are working hard to remedy by trying to educate workers and by aggressively pursuing claims to recoup wages that were unlawfully denied. Because this pay system is so entrenched throughout the oilfield services industry, many have just assumed that it must be legal – even though it’s not. We expect to see an increasing number of these claims in the next few years as awareness builds among workers.
Oilfield workers should not rely on the boss or Human Resources for critical information regarding the laws on overtime pay and how such apply to their specific job.
Because of the strict time limits imposed by the overtime pay laws, procrastination can be costly. If you have any doubts as to your entitlement to overtime, contact the overtime pay experts at The Lore Law Firm for a free and confidential review.
Call 1-866-559-0400, email mlore@overtime-flsa.com or submit your information using our convenient Case Evaluation form for a FREE and CONFIDENTIAL review of your circumstances – because time is money.
