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Court certifies case after reviewing impact of Swales

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,…

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Is judicial approval of an overtime settlement required?

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…

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Answering Your Oilfield Overtime Questions

I am oilfield overtime attorney Josh Borsellino. I represent oil and gas workers suing for unpaid overtime.  I frequently receive questions from oilfield workers who have been denied overtime pay.  This article…

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Oil Company Can’t Enforce Arbitration Agreement in Overtime Case

A federal court in New Mexico has denied an oil company’s effort to enforce an arbitration agreement signed between a completions consultant and a consulting firm in an unpaid overtime case.  In…

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Court Rules on New Mexico’s “Flat Rate” Overtime Exemption

The New Mexico Minimum Wage Act, which governs overtime pay in New Mexico, contains an exemption not found in the federal overtime laws. The NMMWA requires employers to pay premium rates for…

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Lease Operators Defeat Summary Judgment in OT Case

Two former lease operators have defeated a motion for summary judgment filed by the defendants in the unpaid overtime case.  In Mallory v. Lease Supervisors, two workers filed suit  in the Northern…

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Welders file suit for unpaid overtime against Clay & Domingue

Clay & Domingue has been sued by former workers who were welders, alleging violations of federal overtime laws. Under the Fair Labor Standards Act, employers are required to pay its employees one…

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Overtime suit filed by Drilling Consultants against Cimarex Energy

A lawsuit has been filed by former drilling consultants seeking unpaid overtime in federal court in New Mexico against Cimarex Energy. Cimarex is an oil and gas exploration company with significant operations…

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Court in N.M. certifies 8 year OT class due to “continuing violation”

New Mexico’s overtime statute, the New Mexico Minimum Wage Act (“NMMWA”) provides a three year limitations period for all claims brought under the statute. NMSA 1978 § 37-1-5 (2009). Thus, unlike the…

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