Bosque Energy Services faces a lawsuit alleging that flowback operators were misclassified as independent contractors and denied overtime pay.

The lawsuit was filed against Bosque Enterprises, Inc. d/b/a Bosque Energy Services and two of its individual owners/operators. The workers assert claims under the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”).

Bosque Flowback Operators Allege They Were Misclassified

According to the lawsuit, Bosque classified flowback operators as independent contractors even though the company allegedly controlled significant aspects of their work, including their schedules, assignments, work locations, and how their jobs were performed.

The lawsuit alleges that the flowback operators were employees—not independent contractors—and were therefore entitled to overtime compensation.

A company cannot avoid its overtime obligations simply by calling a worker an “independent contractor” or paying the worker on a 1099 basis. Whether a worker is an employee entitled to overtime generally depends on the actual working relationship between the worker and the company.

Flowback Operators Allegedly Worked 12 Hours a Day, Seven Days a Week

The lawsuit alleges that Bosque paid its flowback operators a day rate regardless of the number of hours they worked.

According to the lawsuit, the workers typically worked approximately 12 hours per day, seven days per week, with rarely any time off. Despite routinely working far more than 40 hours per week, the workers allege they received no overtime pay.

The lawsuit seeks unpaid overtime and other available damages on behalf of other similarly situated flowback operators and workers who were classified as independent contractors and paid day rates.

Claims for Workers Who Worked in New Mexico

The lawsuit also asserts claims under the New Mexico Minimum Wage Act on behalf of workers who performed overtime work for Bosque in New Mexico.

New Mexico law provides additional protections for employees who work in the state and may allow qualifying workers to recover unpaid overtime and additional damages.

Did You Work for Bosque Energy Services?

If you worked for Bosque Energy Services as a flowback operator or in a similar oilfield position, were classified as an independent contractor, and were paid a day rate without overtime, you may be entitled to unpaid overtime compensation.

Attorney Josh Borsellino represents oilfield workers in unpaid overtime and worker-misclassification cases. If you have questions about your right to overtime pay, contact:

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

The consultation is free and confidential.