Oilfield workers in Texas, New Mexico, and across the nation continue to be victims of wage theft. Many are paid a flat day rate or improperly classified as independent contractors, denying them the overtime pay they legally deserve. A recent court decision highlights how companies try—and often fail—to avoid having the case heard in court when workers stand up for their rights.

In a recent case, an oilfield worker sued Tug Hill Operating, LLC for unpaid overtime under the Fair Labor Standards Act (FLSA). The worker alleged that he frequently worked more than 40 hours per week without receiving overtime pay. Tug Hill tried to force the case into arbitration, claiming the worker had waived his right to sue in court. But the court rejected that argument, finding the arbitration agreement unenforceable. The court found that the agreement was between the worker’s limited liability company and Tug Hill, not between the worker and Tug Hill, and thus did not apply to the claims being asserted by the worker individually.  As a result, the worker’s claims will proceed in court, where he’ll have the opportunity to seek full compensation for the wages he earned.

This ruling is a significant win—not only for the individual in that case—but also for the many oilfield consultants, independent contractors, and other workers who may be denied overtime pay by companies that try to sidestep the judicial system through forced arbitration.

I’m Texas attorney Josh Borsellino, and I’ve represented thousands of oilfield workers in lawsuits for unpaid wages and overtime violations. I’ve recovered millions of dollars for my clients and am currently investigating additional wage theft cases involving oilfield workers in Texas.

If you’ve worked more than 40 hours in a week without receiving time-and-a-half, you may have a claim. This includes independent contractors, consultants, and anyone paid a day rate. Misclassification and wage violations are rampant in the oil and gas industry.

As a dedicated oilfield overtime attorney, Texas overtime lawyer, wage and hour attorney, and overtime pay lawyer, I know how to take on these companies and fight for what you’re owed.

Speak with an experienced oilfield overtime lawyer today. Consultations are free and confidential, and I don’t get paid unless you do. Call 817-908-9861 or email josh@dfwcounsel.com to speak directly with an experienced unpaid wage attorney.