Recently, a lawsuit was filed against Altitude Energy Partners, LLC in the United States District Court for the District of New Mexico alleging violations of the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”). The lawsuit was filed on behalf of directional drillers and other similarly situated workers who were classified as independent contractors and paid a day rate without proper overtime compensation. 

The lawsuit alleges that workers regularly worked long hours — often well in excess of 40 hours per week — but were not paid overtime premiums as required by law.

Importantly, New Mexico law can provide additional protections for workers beyond the FLSA in certain situations. Unlike federal law, the NMMWA does not contain a motor carrier exemption, and New Mexico law may allow workers to recover unpaid overtime going back much further than many employees realize.

Oilfield companies frequently attempt to classify workers as “independent contractors” or pay them on a day-rate basis in an effort to avoid paying overtime. However, simply paying someone a day rate or issuing a 1099 does not automatically eliminate the right to overtime pay.

If you worked for Altitude Energy Partners, LLC as a directional driller or in a similar position and were paid a day rate without overtime, you may be owed overtime pay.

Attorney Josh Borsellino has successfully represented hundreds of workers in overtime cases. If you have questions regarding overtime pay, you can contact:

Josh Borsellino
Borsellino, P.C.
817-908-9861
josh@dfwcounsel.com

The consultation is free and confidential.