Recently, a lawsuit was filed against Drake Field Services, LLC and its owner, James Andrew Drake, in the United States District Court for the Western District of Texas alleging violations of the Fair Labor Standards Act (“FLSA”). The lawsuit was filed on behalf of an HSE/Safety worker and other similarly situated workers who were classified as independent contractors and paid a day rate without proper overtime compensation.

The lawsuit alleges that these workers regularly worked long hours—often well in excess of 40 hours per week—but were not paid overtime premiums as required by federal law.

According to the lawsuit, Drake Field Services classified the Plaintiff as an independent contractor and paid him a daily rate rather than paying overtime when he worked more than 40 hours in a workweek. The lawsuit alleges that, despite being classified as an independent contractor, the Plaintiff was actually an employee entitled to overtime compensation under the FLSA.

Oilfield companies frequently classify safety personnel, HSE workers, consultants, and other oilfield workers as “independent contractors” or pay them on a day-rate basis. However, simply calling a worker an independent contractor, issuing a 1099, or paying a day rate does not automatically eliminate the worker’s right to overtime pay.

The lawsuit also alleges that Drake Field Services retaliated against the Plaintiff after he raised concerns regarding his compensation and asserted his rights.

If you worked for Drake Field Services as an HSE Specialist, safety worker, consultant, or in a similar position and were classified as an independent contractor or paid a day rate without overtime, you may be owed unpaid overtime compensation.

Attorney Josh Borsellino has successfully represented hundreds of workers in overtime cases. If you have questions regarding overtime pay, you can contact:

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

The consultation is free and confidential.