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, […]

4th Circuit Gives Guidance on Joint Employment in Overtime Cases

The Fourth Circuit issued a recent opinion which provides important guidance for joint employment in overtime cases.  In Hall v. DIRECTTV, 846 F.3d 757 (4th Cir. 2017), the Fourth Circuit considered an appeal by plaintiffs in two consolidated cases.  In each case, the plaintiffs were satellite television technicians who sued DIRECTTV and DirectSat, alleging that […]

Independent Contractor Overtime Lawsuits On The Rise

Companies are increasingly classifying their workers as “independent contractors” for a variety of reasons.  According to Forbes, at least 100% of jobs growth over the past decade came from the growth in contractor and temp jobs.  Employers classify their workers as independent contractors in order to decrease their overhead, avoiding payment of health benefits, employment […]

Can Independent Contractors Sign Non-Compete Agreements?

More and more these days, companies are classifying their workers as independent contractors. This tactic is used for a myriad of reasons, including efforts to avoid the costs of Obamacare, to evade minimum wage or overtime requirements, and/or so the companies do not pay employer taxes and benefits.  While the line between an independent contractor […]

Making Sense of the Increase in Oilfield Overtime Lawsuits

The past several years have seen an explosion of overtime pay lawsuits involving oilfield workers. To illustrate the dramatic rise in oilfield overtime litigation, one need only look at the docket of the federal court in Midland, which lies in the heart of the Permian Basin that has been ground zero for the fracking revolution […]

Field workers sue Transglobal Services for unpaid overtime

Six former employees of Transglobal Services, LLC have filed suit 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, Houston, San Angelo, and Dilley, Texas, as well as […]

Supreme Court decision impacts “pick off” strategy in FLSA cases

Employers that face unpaid overtime collective actions sometimes attempt to utilize what is known as a “pick off” strategy.  In such a scenario, the employer will make an offer of judgment under Federal Rule of Civil Procedure 68 to pay all of the named plaintiff’s damages plus attorney’s fees, then argue that the case must […]