Oilfield Co. Unpaid Overtime Class Action Settlement to Benefit over 450 ‘Mud Men’

Drilling-fluid company M-I LLC, a subsidiary of oilfield services giant Schlumberger Ltd. has agreed to settle an unpaid overtime class action settlement for $7 million.

M-I LLC was accused of failing to pay a class of drilling fluid specialists commonly referred to as “mud men”, overtime wages when working over 40 hours per week.

Unpaid Overtime Class Action Settlement To Benefit over 450 Mud Men

Under the terms of the unpaid overtime class action settlement, awards will be paid to 115 members of the national FLSA class as well as 353 members of the California class; the $7 million unpaid overtime class action settlement includes up to $2.37 million in attorneys’ fees and costs, service awards of $15,000 to plaintiff Ashley Balfour and $20,000 to named plaintiff Sarmad Syed, $11,500 in claims administration expenses and a $75,000 Private Attorneys General Act payment.

That leaves more than four million dollars to be paid out to class members, based on the number of weeks worked during the class period. Some class members will receive $55 for every week, while the California class members will receive $165 for each week worked.

“For purposes of this proposed settlement, at a mediation … the parties operated under the premise that Rule 23 proposed class members were in a better position under California law for claims than FLSA collective action members, where in some individual cases, the covered positions have generally been deemed ‘exempt’ under federal law,” the proposed unpaid overtime class action settlement documents explained. “This is crucial to understand in order to realize the structure of the proposed settlement.”

Failure to Pay Overtime

Former mud engineers, Balfour and Syed, worked in drilling operations in Bakersfield, Calif.  They claimed they were compelled to work either twelve hour shifts daily for two weeks before leaving their work sites, or work full-days in which they were always on-call 24 hours.

The pair also claimed that they were not paid overtime when they worked more than forty hours per week, nor were the compensated for overtime pay when their work days exceeded eight hours, which violates not only California labor law but the Fair Labors Standards Act.

In addition to M-I LLC, the class action lawsuit also named M-W SWACO and 10 other affiliated companies.

Does Your Employer Violate California Overtime Laws?

According to California labor law, overtime pay is based on hourly wages, salaries, shift differentials, non-discretionary bonuses and commissions. Failure to include those when determining overtime pay is an overtime pay violation.

Under California overtime law, most workers are entitled to overtime for all work past eight hours in a day or 40 hours in a week, or for work performed on a seventh consecutive day. Simply being paid a salary does not make an employee exempt from overtime. Salaried employees are entitled to overtime compensation as well, provided that an overtime exemption does not apply to them.

Other unlawful and deceptive labor practices that some California employers commit include violating company rules on tip pooling and failing to pay for off-the-clock work. California employment law also prohibits retaliation against an employee who inquires about unpaid wages or files a complaint about an employer’s violation of the wage and hour laws.

If you feel that your employer has violated state or federal employment laws, you may qualify for damages that may be awarded in a possible unpaid overtime class action settlement or class action lawsuit.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now