Overtime Pay in the Oil& Gas Industry
Oilcompanies are enjoying the benefits of an oil and gas boom in Texas, mostly dueto the use of the process known as "fracking." Unfortunately, workersin Texas oilfields are not always getting the pay they are entitled to underthe law. At Ross Law Group, Daniel Ross and his team of overtime lawyers for oilfield workers enforce overtime laws to get Texas workers the pay they have earned.
At atypical drilling site, you may have a dozen or more companies providing laborwith no oversight to ensure fair pay practices. Jobs like rig operator, fieldservice technician, flowback operator, fluid service technician, floorhand,motorman, pipe layer, crew worker, shop hand, or driver, may be misclassifiedas independent contractors or exempt from overtime for other reasons. Thecompanies may pay flat day rates or straight time for all hours worked.
Itused to be that when you got a job, the company you worked for was youremployer. That isn't necessarily true today. A third of the U.S. workforce --more than 42 million people -- is not in full time employment with a singleemployer. The biggest reason for this is the misclassification of employees asindependent contractors. Studies show that as many as thirty percent ofemployers misclassify some of their employees.
Theaffected workers are deprived of their legal right to overtime pay, and also ofthe protection of workers compensation coverage, employer contributions toSocial Security, eligibility to apply for unemployment benefits, andeligibility for employer-provided health insurance. Deputy Secretary of LaborSeth Harris testified to the Senate that this misclassification "is aserious threat to workers and the fair application of the laws Congress hasenacted to assure workers have good, safe jobs."
Workersoften worry that employers will retaliate if they assert their right toovertime pay. That kind of retaliation is illegal, but unfortunately doeshappen. It's important to know that you can bring a claim for unpaid overtimeafter your employment ends -- but there is a limit to how far you can go backto make a claim. If you think that you should be getting overtime pay butyou're not, the best thing to do is talk to an overtime lawyer like Dan Ross to find out what your rights are and how to makea claim.
If youhave worked more than 40 hours a week during the last three years whileclassified as an Independent Contractor, but you think you may have been anemployee, call us today at 512-474-7677 for a free consultation.
Pleaselink "Ross Law Group" to http://www.rosslawpc.com/