Case Summary:

Employees of Flint Energy who perform various services at natural gas drill sites assert that they were not paid overtime as legally required and brought claims under both federal wage and hour laws and the Pennsylvania Minimum Wage Act (PMWA). The case is on file in the U.S. District Court for the Middle District of Pennsylvania as a class / collective action.

Flint compensated many of its field workers on a day-rate basis, and on certain projects hourly, but in both instances did not pay time and a-half for the hours worked over 40 per week. While the use (or misuse) of a day-rate pay scheme has been commonplace in the energy industry for years, it has become the basis for numerous recent wage and hour lawsuits due to companies failure to pay an overtime premium above and beyond the fixed day-rate. Pennsylvania’s law regarding overtime pay is even more protective of workers than federal law – requiring overtime pay even to “highly compensated” workers (meaning those earning $100,000 + per year).

The complaint alleges that the U.S. Department of Labor Wage and Hour Division conducted an investigation of the company’s overtime pay practices and found violations. Attempts by the DOL to negotiate a resolution with the company were not successful, requiring the plaintiff to hire private lawyers to file this lawsuit in order to protect his rights and pursue recovery of back wages.

Damages sought include back unpaid overtime wages, prejudgment interest, double damages on federal law claims and attorneys’ fees.