Clay & Domingue has been sued by former workers who were welders, alleging violations of federal overtime laws. Under the Fair Labor Standards Act, employers are required to pay its employees one and a half times the employees regular rate of pay for all hours worked above forty. Oilfield companies often attempt to get around this requirement and avoid paying overtime by classifying their workers as independent contractors, or 1099 workers. But just because workers are classified as independent contractors, does not mean they truly are under federal law.
C&D is an oilfield and pipeline contractor that specializes in construction, well hook-ups, location site-prep and other oilfield services. C&D has field offices in Texas and Louisiana. Plaintiffs allege they were employees of Clay & Domingue who were hired as independent contractors, despite the fact that they worked exclusively for Defendants. The issue in the lawsuit stemmed from Defendants’ misclassification of the workers as independent contractors. According to the lawsuit, Plaintiffs typically worked at least 10-12 hours a day, often seven days a week, but were only compensated a flat hourly rate. The suit alleges that the schedules and wage policies for Plaintiffs were set by Defendants, with Plaintiffs having no ability to accept or reject a project. Plaintiffs were told what job site to go to, when to report to the job site, and how long an assignment should take.
The lawsuit seeks to have the case proceed as a collective action, whereby any employee who has or is working for Defendant in the past three years can join the lawsuit by signing a consent form that would be filed in the case. You may have a claim for unpaid overtime if you are or have worked for Clay & Domingue as a welder in the past three years, were classified as an independent contractor and were paid on an hourly basis. You must sign a consent form to be included in this lawsuit, which can be obtained by contacting Borsellino P.C. Unless you receive, sign and return the consent form to Borsellino P.C., you are NOT a party to the lawsuit and you are NOT represented by Borsellino P.C..
If you or a friend or a family member have been classified as an independent contractor in the oilfields and think you may be owed overtime pay, contact Josh Borsellino today. Josh Borsellino is a Texas attorney who works to recover your unpaid overtime. If you wish to obtain a consent form in order to join this lawsuit, contact Josh Borsellino today at 817.908.9861 or email him by clicking on this link.