A lawsuit has been filed by former drilling supervisors seeking unpaid overtime in federal court in Laredo against Cheyenne Petroleum Company.  Cheyenne is a privately held oil and gas exploration company. According to the lawsuit, Cheyenne contracted with Texas World Operations, Inc. to supply it with drilling supervisors.  The plaintiffs allege that they were misclassified as independent contractors and paid a day rate without overtime as required by the federal overtime laws.  

The lawsuit alleges that the plaintiffs typically averaged at least 90-100 hours per week and were misclassified as independent contractors and paid a day rate regardless of the number of hours worked in a given week, even those above forty. The suit further claims that the plaintiffs typically worked fourteen days on, fourteen days off with no overtime pay, and that they were not assigned work on a project-by-project basis, instead working a strict schedule that was set by Cheyenne and/or the other two defendants. The suit claims that because the plaintiffs were paid a set, flat daily rate, and because their schedules were set by the defendants, they were not given any opportunity to share in the profit and/or loss of their services. The plaintiffs seek their unpaid overtime, as well a liquidated damages in an equal amount and attorney’s fees.  

If you work in the oil and gas industry and have been classified as an independent contractor or have been paid a salary or day rate within the past three years, you should consult with an experienced overtime attorney to learn whether you have a claim for unpaid overtime.  Josh Borsellino handles overtime cases for oilfield workers in Texas and beyond.  Call Josh at 817.908.9861 or 432.242.7118 for a free consultation regarding your overtime pay questions.