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Court grants motion to intervene in oilfield overtime case

A growing trend in recent years in the oilfields is large production and service companies using staffing companies to fill their workforce.  These staffing companies typically hire workers as “consultants,” classify them…

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FLSA Cases in Western District of TX up 20% this year

According to information from PACER, the federal court filing database, cases filed in the Western District of Texas under the Fair Labor Standards Act (the federal statute that governs overtime pay) are…

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Fifth Circuit: day rates do not meet salary basis test

Under the FLSA, which is the federal overtime law, in order to qualify for the “white collar” exemptions – the executive, professional, administrative and/or “highly compensated” exemptions – employees must meet both…

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DOL: Day Rates Do Not Satisfy “Salary Basis” Test

The Department of Labor recently issued an opinion letter which stated that day rate workers are not paid on a “salary basis” and thus cannot be subject to any exemptions which require…

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Fifth Circuit rules on oilfield bonuses in overtime case

Oilfield employees often allege that their employers have violated the federal or state overtime pay laws by failing to include bonus payments when calculating overtime pay. The Fifth Circuit recently issued an…

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Court denies oilfield company’s efforts to stay certification

Defendants in overtime pay collective actions sometimes seek to take discovery before a motion to certify can be ruled on.  A court in Ohio recently rejected an oilfield company’s efforts to stay…

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Welders win certification of overtime case

A group of welders have prevailed on their efforts to conditionally certify a case for overtime pay.  The plaintiff worked as a welder for Defendant Alpine Site Services, Inc. Alpine is a…

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Court certifies oilfield overtime case

The oilfield industry is awash with third party consulting firms that outsource workers to production and service companies. These consulting entities purportedly function as staffing companies and usually classify their workers as…

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Consulting firm’s motion to intervene denied in oilfield OT suit

Oilfield companies are increasingly relying on “consultants” hired by third party staffing firms for their well site personnel. Oilfield companies use consulting firms in an attempt to shield themselves from overtime liability….

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