Federal Court Certifies OT Case for Oilfield Workers

In this case, plaintiffs, who worked as Acidizers/Treaters for Petroplex Acidizing, Inc., a Texas-based company, allege that Petroplex violated wage and overtime laws under the Fair Labor Standards Act (FLSA) and New Mexico Minimum Wage Act (NMMWA). Petroplex provides acidizing and cementing services in the Permian Basin, and the plaintiffs claim they were misclassified as exempt from FLSA overtime provisions. Instead of receiving overtime pay for hours worked beyond 40 hours a week, they were compensated on a salary-plus-daily-job-bonus basis, regardless of the hours worked. Plaintiffs argue that this compensation practice affected multiple employees, many of whom worked 70-100 hours a week without receiving overtime pay.

Plaintiffs seek conditional certification of a collective action under FLSA, allowing similarly situated employees to join the lawsuit. They argue that Petroplex subjected all Acidizers/Treaters to the same illegal pay practices and have identified other employees who were similarly affected. The plaintiffs, including the lead plaintiff Darvin Dahl and two opt-in plaintiffs, detail how their job duties and work hours matched those of other employees who did not receive appropriate overtime pay. They ask the court to authorize notice to current and former Acidizers/Treaters who were paid under the same salary-plus-daily-bonus scheme without overtime compensation, and request contact information for potential collective members.

The court found that the plaintiffs presented sufficient evidence to show that they and the other workers were similarly situated. They all performed similar job duties in the oilfield as Acid Treaters or Acidizers and were subject to a uniform pay policy that allegedly violated the FLSA. Although Petroplex acknowledged using the same pay practices, it argued that the plaintiffs had not demonstrated that all affected workers were similarly situated, particularly in New Mexico. However, the court rejected this argument and conditionally certified the collective action.

Additionally, the court directed the parties to collaborate and submit a joint proposal for the notice and consent forms that will be sent to potential collective members. This allows the plaintiffs to move forward with notifying other eligible employees who may want to join the lawsuit. Conditional certification is a preliminary step in the collective action process, with further proceedings to determine if the case will ultimately proceed as a collective action.

This decision highlights the potential for oilfield workers to collectively challenge compensation practices that may violate labor laws, particularly concerning overtime pay. If you and your co-workers are being denied overtime compensation, speak with an experienced overtime attorney as soon as possible to know your rights under state and federal overtime laws.  

About Attorney Josh Borsellino: Josh is a Texas-licensed attorney that has represented hundreds of oilfield workers on claims for unpaid overtime. He has filed overtime pay lawsuits across the state of Texas, as well as in federal courts in New Mexico, Oklahoma, Kansas, and others.  For a free, confidential, no-obligation consultation of your potential overtime case, call Josh at 817.908.9861, email him here, or use this contact form. 

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