In Kimble v. EOG Resources, Inc., a federal court in New Mexico denied a motion to compel arbitration, allowing oilfield worker Steven Kimble’s unpaid overtime claims to proceed in court. Kimble worked as a water transfer consultant for EOG from 2019 to 2020 and was paid a flat day rate. He alleges that he was misclassified as an independent contractor when, in reality, he functioned as an EOG employee who was entitled to overtime pay under the Fair Labor Standards Act (FLSA) and New Mexico Minimum Wage Act (NMMWA).

Staffing company Bedrock Petroleum Consultants, LLC argued that Kimble’s claims were subject to arbitration under a contract he signed with them. The court disagreed, finding no arbitration agreement existed between Kimble and EOG and rejecting arguments based on estoppel and third-party beneficiary status.

If you worked for EOG Resources or Bedrock Petroleum, were paid a day rate, and believe you were misclassified as an independent contractor, you may be entitled to unpaid overtime wages. Call attorney Josh Borsellino today at (817) 908-9861 or email him here for a free, confidential consultation.