Three former “Safety Consultants” have filed a federal lawsuit against DXP Enterprises, Inc., asserting claims for unpaid overtime. DXP is a publicly traded company that offers compliance and consulting services to clients in the oil and gas industry. DXP has been sued at least a dozen times since 2015 for overtime violations, with many of these lawsuits alleging that DXP violated the Fair Labor Standards Act by paying day rates.
According to the most recent lawsuit filed in federal court in New Mexico, there are a large number of workers that have been hired through DXP as Safety Consultants, all of whom are classified as independent contractors and all of whom are paid a day rate and denied overtime pay. The lawsuit alleges that while employed by DXP, Plaintiffs were misclassified as independent contractors, despite the fact that they worked full time for DXP, and virtually every aspect of their job was controlled by DXP. Plaintiffs allege that DXP misclassified them and other Safety Consultants as independent contractors to avoid paying employment taxes, benefits and overtime. During their time with DXP, Plaintiffs claim that they typically worked approximately 100 hours per week. Plaintiffs received a day rate regardless of the number of hours they worked in a given day or week, and never received overtime pay.
If you work or in the past three years worked for DXP and were (1) paid on a day rate basis; and (2) classified as an independent contractor, you may have a claim for unpaid overtime, and you could be owed overtime pay plus an equal amount in liquidated damages. If you believe you may be owed overtime, you should consider speaking with an experienced overtime attorney as soon as possible to learn about and protect your legal rights.
In order to participate in the lawsuit, workers must file a consent to join form. The plaintiffs are represented by Josh Borsellino of the law firm of Borsellino, P.C. NOTE: Unless you receive, sign and return to Borsellino, P.C. a Consent Form stating that you wish to join the lawsuit, you are NOT a party to the lawsuit, and Borsellino, P.C. does NOT represent you or your interests. Persons who have evidence regarding this case or who wish to obtain a Consent Form to join the lawsuit may call 817.908.9861 or 432.242.7118, email Josh here or complete this online contact form.
If you have been classified as an independent contractor and paid straight time, a day rate or otherwise have been denied overtime pay, consult an experienced overtime attorney as soon as possible to learn of your legal rights. Josh Borsellino represents workers on claims for overtime pay. Josh is licensed in Texas and has filed dozens of overtime pay cases across Texas, and in federal court in New Mexico and elsewhere. For a free consultation, call 817.908.9861 or 432.242.7118, email Josh here or complete this online contact form.
