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What You Should Know About New Mexico Truck Driver Overtime

Truck drivers work long, hard hours, and they should be paid for them.  Truck drivers in New Mexico are often classified as exempt and denied overtime pay.  This practice commonly violates New…

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Court approves settlement of class action OT case against Xtreme Drilling

Oilfield companies continue to be sued for alleged overtime violations across the country.  A federal court in Colorado recently approved a settlement of a class action overtime case.  Xtreme Drilling is an…

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Court defers summary judgment motion in overtime case

When a defendant files a motion for summary judgment, a plaintiff may either respond to the motion or ask the Court to permit more time for discovery. A federal court in New…

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Court certifies overtime case against Trinidad Drilling

Day rates are common in the oilfield industry. They also can violate federal and state overtime statutes. A federal court in San Antonio was recently faced with the decision of whether to…

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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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