Court Rules in Concho Overtime Lawsuit

A federal judge in New Mexico has issued a ruling in an overtime case involving Concho Resources, Inc., and ConocoPhillips Company (“CPC”). A former worker sued both companies alleging he and others were misclassified as independent contractors while employed by Defendants and that as such, they were improperly paid a fixed daily rate for all hours worked instead of an overtime rate for hours worked over forty. The plaintiff alleged that this practice violated both the federal overtime law, the FLSA, and New Mexico’s overtime statute. The plaintiff filed the suit on behalf of himself and all individuals who worked as Wellsite Consultants and Supervisors (including Drilling, Completion, and Production Consultants) for Concho during the past 3 years who were classified as independent contractors and paid a day-rate with no overtime. The Court conditionally certified as a collective action all Drilling, Completion, and Production Consultants who worked for Concho within the last three years and were paid a day rate without overtime pay.   

Companies across the spectrum of the oil industry – including on the production and service side – continue to use “consulting firms” to fill many important positions, such as completion consultants, production consultants, drilling consultants, MWDs, rig supervisors, company men, and HSEs, on their rigs. They do so in order to claim that these workers are independent contractors so they can pay them a day rate without overtime or benefits. This practice is widespread in the oilfield industry in Texas and New Mexico.  However, this can be a violation of federal overtime laws. If you have worked as a “consultant” or an independent contractor in the oilfield industry within the past three years and are or were paid a day rate or straight time, speak with an experienced attorney to learn of your legal rights. Do so as soon as possible, as there are time limitations that may bar your claim if you wait too long. 

Borsellino, P.C. is not involved in the Concho lawsuit, but Josh Borsellino has represented hundreds of oilfield workers on claims for unpaid overtime.  He works hard to get workers the overtime pay they deserve. For a free, confidential, no-obligation consultation of your overtime matter, call Josh Borsellino at 817.908.9861 or email him using this link. 

Share This Post