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The IRS Form That Can Help Prove You Are Really an EmployeeKey Takeaways: IRS Form SS-8 asks the IRS to determine whether a worker is an employee or independent contractor for federal employment tax and withholding purposes, and either the worker or the business may...

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Why That Drive From the Yard to the Well Site May Belong on Your PaycheckKey Takeaways: Shop-to-rig drive time is generally treated as paid work for Texas wireline crews once the workday has already begun at the yard. Ordinary home-to-shop commuting generally stays unpaid under...

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Why That Extra Hour of Break Pay May Be Bigger Than You ThinkKey Takeaways: California break premiums must be paid at your "regular rate of compensation," not just base hourly wage. Under Labor Code § 226.7, employers owe one additional hour of pay for each...

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Opting Out of Health Insurance for Extra Cash? Your Overtime Math May Be Wrong Key Takeaways: Cash in lieu of benefits, extra money paid when you decline employer health coverage, often counts toward your overtime rate. Federal law calculates overtime from your "regular rate of...

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Why Some Workers Cannot Be Forced Into Arbitration Key Takeaways: The FAA Section 1 transportation worker exemption excludes contracts of employment of seamen, railroad employees, and any other class of workers engaged in foreign or interstate commerce from the Federal Arbitration Act's coverage. Because it...

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The Tax Form Many 1099 Workers in Texas Have Never Heard OfKey Takeaways: IRS Form 8919, Uncollected Social Security and Medicare Tax on Wages, allows workers paid on a 1099 but treated as employees to report and pay only the employee's share of FICA taxes...

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What Every California Drill Crew Should Know About Day-Rate Overtime In 2026Key Takeaways: A flat daily rate does not cancel your right to overtime when you work long shifts on a rig. Under California's overtime framework, hours past eight in a day and 40 in...

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When the Person Who Signs Your Checks Can Be Sued Personally Key Takeaways: Yes, a Texas supervisor, manager, or owner can be held personally liable for your unpaid overtime. The FLSA's definition of "employer" in 29 U.S.C. § 203(d) reaches individuals who act directly or...

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When Your Paid Time Starts, and Why It Matters More Than You ThinkKey Takeaways: The continuous workday rule under the FLSA means your paid workday generally begins with your first "principal activity" and continues until your last one, including walking and waiting in between. Pre-shift...

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Big Paychecks Do Not Automatically Cancel Your Right to OvertimeKey Takeaways: The $107,432 highly compensated employee (HCE) exemption rarely applies to Texas oilfield workers because high pay alone generally does not eliminate overtime rights under the FLSA. To qualify, an employer must generally show total...

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