Working in the oilfield industry often involves long hours and demanding conditions. Despite these challenges, many oilfield workers are not properly compensated for their overtime hours. If you believe you are owed unpaid overtime, taking proactive steps to protect your rights is crucial. Here are some essential tips for documenting your hours worked and safeguarding your legal interests when pursuing unpaid overtime claims.

1. Keep Detailed Records of Your Hours

It is always helpful if you can keep records of the overtime hours you are working. Here’s how you can ensure you have the necessary records:

• Daily Logs: Maintain a daily log of your start and end times, including breaks. Note any additional time spent working off-the-clock or during travel to job sites.
• Pay Stubs: Keep all pay stubs and records of payment. These documents can help establish patterns of underpayment or misclassification.
• Job Assignments: Record details of your job assignments, including the nature of the work and locations. This information can corroborate your time logs.

However, even if you have not done so, you will likely be able to estimate your hours, as the burden is on the employer to keep records of their employees’ time. Do not let a lack of documentation prevent you from seeking legal counsel.

2. Understand Your Employment Classification

Misclassification is a common issue in the oilfield industry. Employers may wrongly classify workers as independent contractors or exempt employees to avoid paying overtime. To protect yourself:

• Consult an Attorney: If you suspect misclassification, seek legal advice to evaluate your employment status and eligibility for overtime.

3. Seek Legal Assistance Early

If you believe your rights are being violated, consulting an experienced attorney can provide clarity and direction.

• Legal Evaluation: An attorney can assess your case, determine the viability of your claims, and guide you through the legal process.
• Collective Action: In some cases, joining a collective action lawsuit with other similarly affected workers can strengthen your claim and share legal costs.

4. Know the Statute of Limitations

Time is of the essence in unpaid overtime claims. The FLSA typically allows workers to recover unpaid wages for up to two years prior to filing a lawsuit. In cases of willful violations, this period may extend to three years. To maximize your chances of recovery, act promptly.

Conclusion

Protecting your overtime rights as an oilfield worker requires vigilance and proactive measures. By maintaining detailed records, understanding your employment classification, and seeking legal advice when you have questions, you can safeguard your rights and pursue any owed compensation. If you believe you have been denied rightful overtime pay, don’t hesitate to reach out for legal assistance to ensure your rights are protected.

At Borsellino PC, we have extensive experience representing oilfield workers who have been misclassified as independent contractors. We understand the complexities of employment law and are committed to fighting for the rights of workers.

If you believe you have been misclassified and are owed overtime pay, contact us today. Call us at 817.908.9861, email me here or use this contact form for a free consultation.