Are you in the oil/gas industry and have unpaid overtime?
Step 1
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If an employer does not properly pay their employees for overtime, employees can file a claim to recover back wages that they are entitled to. Under the FLSA, an employee may be entitled to recover up to double the amount of unpaid overtime wages they are owed.
How can I start my claim?
The Kennedy Law Firm, LLP has represented thousands of workers across the country in wage claims
NABORS DRILLING INVESTIGATED FOR UNPAID OVERTIME
Workers in the oil/gas industry are often misclassified as exempt employees and are not paid overtime. However, this is usually not legal.
Day-rate workers are entitled to overtime pay. See below.
Most oil and gas field service workers are entitled to receive overtime pay and may not be classified as exempt, as their job duties do not fulfill all necessary requirements for exemption.
Paying workers a day rate may not be illegal if the employer is also paying the employee overtime compensation when they work more than 40 hours in a week. Unfortunately, this doesn’t happen very often.
Day Rate Law Clarified. A Federal Court of Appeals on April 20, 2020 ruled that a “day rate” was not a salary, and such workers must be paid overtime. And this law is retroactive going back three years! Employers can no longer rely on day rates to avoid overtime pay.
Day rates are regularly used by staffing companies, oil and gas companies, and offshore construction companies to avoid tracking hours and paying workers overtime compensation. If you receive a flat sum or a day rate for all of the hours that you work, you may have a claim for unpaid overtime.
Day-Rate Workers
The law requires employers to pay their workers overtime when they work more than 40 hours a week.
Many employers attempt to avoid this requirement by paying their employees a day rate. This means that the employee is paid a flat sum for a day’s work, no matter how many hours they actually work during that day. When these workers work more than 40 hours a week, the only compensation they receive is the day rate. When they don’t work, they don’t get paid.
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