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Fifth Circuit finds internal audit admissible in overtime lawsuit

Companies often conduct audits to determine whether their employees are properly classified under the FLSA.  If an employee later files an overtime lawsuit, are these audits admissible at trial?  A recent case…

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New Year means greater profitability for the oil and gas industry

With the start of the new year, there are some good things on the horizon for the oil and gas industry but some of the same problems continue to plague the industry….

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Chevron and DXP sued by former safety consultants for unpaid overtime violations

Chevron, a major oil and gas production company, and DXP Enterprises, Inc., a publicly traded company that offers compliance and consulting services to clients in the oil and gas industry, have been…

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Former cabling technicians sue for unpaid overtime

Former employees have sued their employer in the Western District of Texas, Midland-Odessa division, for violations of the Fair Labor Standards Act (“FLSA”), the New Mexico Minimum Wage Act (“NMMWA”), and the…

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How do overtime pay class action lawsuits work?

When an overtime lawsuit is filed as a class action (which, when filed under the federal law known as the Fair Labor Standards Act, is known as a collective action), one of…

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Recent Permian Basin lay-offs trigger unpaid overtime questions

The largest oil and gas play in Texas is experiencing a decline in fracking operations causing oilfield companies to lay off its employees. As reported by Reuters, (see article here) oilfield service…

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Attorney’s Fees and Costs in OT Cases in Texas

A claimant that prevails in an overtime case is legally entitled to reasonable attorney’s fees and costs paid for under the Fair Labor Standards Act (“FLSA”). The most common issues that arise…

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Misclassification of oilfield workers as independent contractors

In the oil and gas industry, employers have a financial incentive to misclassify their workers as independent contractors despite the fact that the workers work full-time for the employer and should be…

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Understanding the Differences Between Federal and New Mexico Overtime Laws, and Why They Matter

By: Josh Borsellino and Morgan Scott I.  INTRODUCTION Federal and state laws sometimes overlap when it comes to regulating overtime pay. The federal statute is known as the Fair Labor Standards Act…

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