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Fiberoptic Technician Sues for Overtime Pay

A fiberoptic technician has filed suit for unpaid overtime in federal court in Midland, Texas.  The plaintiff formerly worked for ABP, Inc., which performs testing on fiberoptic networks for customers in Texas and across the country.  Plaintiff was employed by Defendants as a “Fiberoptic Technician,” and primarily performed manual labor related to the testing of […]

Tank Inspector Sues Brinkerhoff Inspection for Unpaid Overtime

A former tank inspector has filed suit against Brinkerhoff Inspection, Inc. (“Brinkerhoff”) for unpaid overtime.  Brinkerhoff primarily provides inspection services to oil and gas producers and others in the oil and gas industry.  The plaintiff alleges that Brinkerhoff Inspection, Inc. and its owners, Bront Bird, Luke Bird and Steven Sheffield were formerly the employers, co-employers and/or […]

Oilfield Consulting Firm Bedrock Sued for Alleged Overtime Violations

Bedrock PC 1099, LLC, which is an affiliate of Bedrock Petroleum Consultants, has been sued in federal court in Houston by a client represented by Borsellino, P.C. for alleged overtime violations.  The plaintiff is a former worker who was classified as an independent contractor by Bedrock.  According to the lawsuit, the plaintiff worked as a […]

Independent Contractor Trend Raises Overtime Pay Issues

Large, mid-size and small companies alike are increasingly turning to independent contractors to replace their employees.  According to the Wall Street Journal in a September 14, 2017 article entitled The Second Class Office Workers, “[m]illions of contractors now do heavy lifting, paper pushing and other jobs for American companies that have replaced employees with outside […]

Federal Court Rules for Oilfield Overtime Class Represented by Borsellino, P.C.

A federal judge presiding in Midland recently ruled in favor of a large class of oilfield workers represented by Borsellino, P.C. seeking unpaid overtime under the Fair Labor Standards Act.  In the fifty-eight page ruling, Judge Ezra held: (1) that the Motor Carrier Act exemption did not apply to the workers, and thus they are […]

Courts Continue to Rule for Workers in Mixed Fleet Overtime Cases

One of the hot topics over the past few years in overtime litigation has been the Motor Carrier Act (“MCA”) exemption to the Fair Labor Standards Act (“FLSA”), which provides that overtime pay is not required for “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours […]

Fifth Circuit Issues Important Overtime Exemption Opinion

The Fifth Circuit recently issued an important ruling regarding the applicability of the administrative exemption with respect to oilfield workers.  The case is styled Dewan v. M-I, L.L.C.  It was filed in the Southern District of Texas in Houston.  The Defendant, M-I SWACO is an oilfield service company and a subsidiary of Schlumberger.  M-I specializes […]

Federal court issues ruling on motor carrier act exemption

A federal district court in Kansas has issued a ruling on an important issue relating to the motor carrier act (“MCA”) exemption.  The MCA exemption provides that overtime pay is not required for “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service.”  Traditionally, this […]

Texas court rules on willfulness and employer status in overtime case

A federal district court in San Antonio recently issued an opinion which is instructive on the issues of willfulness as well as an individual owner’s liability as a joint employer under the FLSA.  In Guyton v. Legacy Pressure Control, Case No. 5:15-cv-1075-RCL (W.D. Tex. Jan. 18, 2017), two former employees sued Legacy Pressure Control, alleging […]

Two new suits filed against Transglobal Services for unpaid overtime

Seven current and former employees of Transglobal Services, LLC have filed two separate lawsuits against the company, asserting claims for unpaid overtime.  Transglobal primarily provides surveying, right of way and seismic services to oil and gas producers.  Transglobal has been in existence since 2007 and has field offices in Spearman, Texas, Houston, Texas, San Angelo, […]