Whether a day rate constitutes a salary under the FLSA is an issue that has generated substantial debate in the past few years, nowhere more so than in the U.S. Court of…
Oilfield workers are often paid day rates. Day rates frequently violate the federal overtime law, known as the Fair Labor Standards Act, or FLSA. Department of Labor regulations specifically describe how a…
Under New Mexico’s overtime statute, the Minimum Wage Act (the “NMMWA”) an employer is required to pay an employee for overtime work. See NMSA 1978, § 50-4-22(E). An `employee’ includes an individual…
This blog has previously covered the ongoing battles between plaintiffs suing for overtime pay, staffing companies and the companies that actually direct the workers. In the oil and gas industry, it has…
A federal court in Wyoming allowed Applied Consultants to intervene and enforced its motion to compel arbitration in an overtime case. The case originated when a pipeline inspector sued Silver Creek Midstream…
A federal court in North Dakota has refused to require plaintiffs to file a single, class-wide arbitration case, instead allowing the arbitration cases to be filed individually. The dispute originated when a…
One of the FLSA’s exemptions that has seen the most litigation in recent years is the motor carrier exemption. We have covered these developments in this blog. You can read about prior…
A federal court in Houston has certified an overtime case after considering the impact of the recent Swales decision. Young v. Energy Drilling Company, Civil Action No. 4:20-cv-1716 (S.D. Tex. March 31,…
Is judicial approval of an overtime settlement required? Traditionally, courts subscribed to the idea that judicial approval was necessary for any FLSA settlement. Prior to 1945, the majority of court decisions had…
