IF YOU ARE PAID A DAY RATE WITH NO OVERTIME
OR STRAIGHT TIME FOR OVERTIME,
YOU MAY BE OWED A LOT OF MONEY FOR UNPAID OVERTIME
Just because your boss, supervisor, or HR representative tells you that you are not entitled to receive overtime pay, doesn’t make it true. Contact us for a Free and Confidential review of your particular situation.
Many employers, including many in the oil and gas industry, have paid employees the same way for years according to what they believe is the industry norm — whether it be:
- day rate
- hourly rate
- piece rate
- salary, or
- some combination of the above
The problem is that they are not paying their non-exempt employees time-and-a-half for the many hours of overtime they work. Instead, they improperly classify workers as exempt from the overtime pay laws and pay the day rate, straight time, salary rate, or piece rate to cover all hours worked each week. This triggers an overtime wage violation that results in the substantial underpayment of their workforce. While the industry pay practices may be common among both large and small companies, it does not mean they are in compliance with state and federal overtime laws and does not excuse violations.
Long standing pay practices change slowly and the overall awareness of workers’ rights to overtime pay remains relatively low in many industries. Change is brought on primarily as the result of investigations and lawsuits initiated by workers who realize they are likely being cheated and decide to take action to correct it. Through these cases, literally hundreds of millions of dollars of unpaid overtime wages are being recovered and put back where they belong — in employees’ pockets.
Claims for unpaid overtime can recover not only the unpaid back wages, but an equal amount for “liquidated damages” (i.e. $200 for every $100 of unpaid overtime) plus attorneys’ fees. These cases are handled on a contingent fee basis, which means that there are no upfront or out-of-pocket expenses incurred by workers to pursue their claim, and there is no fee unless and until there is a recovery of unpaid wages.
There is currently a multiyear enforcement initiative focused on vendors who perform various phases of the oil and gas fracking process seeking to inform workers of their rights and ensure overtime pay compliance among oil and gas companies and other related businesses, including but not limited to: mudlogging, coil tubing, inspection, disposal services, environmental cleanup, surface rentals, solids control, seismic services, tree clearing, quarries, road construction, paving, masonry, haulers of water and stone, and other types of support or ancillary service providers.
Given the significant amounts of pay that are at stake, it is important to take the time to understand whether your particular job is one that is legally required to receive overtime. There are strict time limits that apply to any claim to recover unpaid overtime, so procrastination can be costly. If you are not 100% certain that you are not legally entitled to overtime pay, you should contact the overtime pay experts at The Lore Law Firm for a free and confidential review of your particular situation. Call 1-866-559-0400, email Michael Lore at mlore@overtime-flsa.com or submit your information using our convenient Case Evaluation form.
