A former landman has filed suit against BP America Production Company and Ensley Properties, Inc. The plaintiff worked as a landman for BP from October 2018 until May 2020. According to the suit, the plaintiff interviewed and was hired through Ensley, and worked exclusively as a landman at BP. The plaintiff alleges that while employed by Defendants, plaintiff was misclassified as an independent contractor, despite working full time for Defendants, and virtually every aspect of the job was controlled by Defendants. The suit alleges that while with Defendants, the plaintiff typically worked between 8-12 hours per day. According to the suit, the plaintiff received a day rate for the first eight hours worked in a day, then a flat hourly rate thereafter, regardless of the number of hours worked in a given day or week, and never received overtime pay.
The case was filed as a collective action. The proposed collective class is: “All landmen hired through Ensley and working at BP facilities during the past 3 years who were classified as independent contractors and paid a day-rate and/or straight time with no overtime.” As with any collective action, in order to participate in the lawsuit, the claimant must affirmatively opt-in to the suit by signing a consent form that can be obtained by the plaintiff’s counsel, Josh Borsellino.
Oil and gas companies have for years come up with pay systems that violate state and federal overtime laws, and oilfield workers are often refused overtime pay that they are rightfully owed under state and federal law. It is quite common for workers in the oil and gas sector to be misclassified as independent contractors and paid “straight time,” or a day rate and wrongfully refused overtime pay. If you or a friend or family member have not been paid overtime by a consulting company, an oilfield service company, oil and gas producer, or pipeline inspection company, consult an experienced overtime attorney to learn your legal rights.
About the author: Josh Borsellino is a Texas attorney who represents workers for unpaid overtime. Josh frequently represents workers in the oil and gas industry on overtime pay claims. For a free consultation, call Josh at 817.908.9861 or 432.242.7118, email Josh here or complete this online contact form.