A lawsuit has been filed by former drilling consultants seeking unpaid overtime in federal court in New Mexico against Cimarex Energy. Cimarex is an oil and gas exploration company with significant operations in New Mexico. Cimarex has more than 200 leases in New Mexico, 220 currently producing wells in New Mexico, and 620 total wells in New Mexico, according to oil and gas industry website drillingedge.com. Cimarex uses Drilling Consultants every time it drills a well. Cimarex has two Drilling Consultants on each drilling rig at all times. 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 two weeks on, two weeks 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 Cimarex. 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 treble damages and attorney’s fees.
If you work in the oil and gas industry and have been classified as an independent contractor 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.