Collective Action Filed Against P & P Oilfield Services for Overtime Pay

1.  Case Description

On February 4, 2014, a former employee of Pfaff Ranch Services, LLC d/b/a P & P Oilfield Services filed suit against the company seeking unpaid overtime.  The lawsuit, which was filed as a collective action in federal court in Midland, Texas, claims that drivers for P & P were not properly paid overtime under the Fair Labor Standards Act, or FLSA.  The lawsuit alleges that P & P failed to pay its drivers one-and-a-half times their regular rate of pay for each hour worked in excess of forty in a week, instead paying them on a “per load” basis, with no extra compensation for overtime hours.

2.  FAQ’s

What does the lawsuit seek to recover?

The lawsuit seeks to recover compensation for their unpaid overtime, liquidated damages, and attorney’s fees as required by the FLSA for the past three years before this lawsuit was filed.

How do I join this case?

To make a claim in this action under federal law, YOU MUST AFFIRMATIVELY OPT IN TO JOIN THIS LAWSUIT.  To do so, you must complete a Consent Form and return it to us for filing with the Court.  Contact Josh Borsellino to request that a Consent Form be sent to you.

Would I have to pay anything?

We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.

Who is eligible to join the P & P lawsuit?

This lawsuit seeks collective-action certification under the Fair Labor Standards Act for all current and former drivers of P & P who were not paid overtime.

What time frame is covered?

There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within two (2) years of joining the lawsuit by completing a Consent Form and returning it to us. If we can prove the company willfully violated the law, the statute of limitations may be extended to three (3) years.

How do I prove how much I am owed?

When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed. If you do have records, however, you should not throw them away.

Will I be fired for joining this lawsuit?

It is illegal for an employer to retaliate against you for joining this lawsuit. Retaliation can include terminating you, changing your hours, reducing your pay, changing your position, or taking any other action in retaliation for joining this lawsuit.

The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims. If you currently work for P & P and you feel you are the victim of retaliation for participating in or expressing an interest in joining this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.

How do I get more information about the P & P case?

If you would like more information that about this case, please contact the attorney handling this case:

Josh Borsellino – 817.908.9861 or 432.242.7118