Phillips 66 Faces Man’s Federal Overtime Rules Class Action Lawsuit

A man has filed a federal overtime rules lawsuit against a former employer, Phillips 66 Company, accusing the company of violating wage and hour laws set by the Fair Labor Standards Act (FLSA).

Plaintiff Carl H. files the federal overtime rules lawsuit in Texas federal court, demanding jury trial. The federal overtime rules lawsuit was filed on April 5, 2018.

According to the federal overtime rules lawsuit, Carl worked for Phillips 66 as an independent contractor. No overtime compensation was paid to him, however, although he worked more than 40 hours per week, the lawsuit states. Carl says that he would only be paid a flat rate.

The non-compensation of overtime pay is a violation of the FLSA, the lawsuit states. It is also in violation of the New Jersey State Wage and Hour Law.

Carl files the lawsuit as a collective action which includes all those similarly situated and unlawfully classified as independent contractors with no overtime pay. Putative Class Members are all those who worked for Phillips 66 in New Jersey within the past three years and classified as independent contractors.

According to the federal overtime lawsuit, Phillips 66 is a global energy company. It is part of an international enterprise that regularly hires employees. However, Phillips 66 allegedly misclassified Carl, along with putative Class Members, as independent contractors, the lawsuit states.

Some of the reasons cited affirming Phillips’ misclassification of Carl and Putative Class Members include the following: that Carl and putative Class Members did not have the power or authority to hire nor fire employees; their work schedules were set; the premises on which they worked was controlled by Phillips; and guidelines and requirements for work were required to be followed, among other reasons cited.

Carl says that he would frequently be scheduled for 10-12-hour work days and that he would work a minimum of 10 hours per day, often more. He also worked as many as seven days per week, the lawsuit states.

According to the federal overtime rules lawsuit, Phillips’ “pay policy denied… [Carl] and the Putative Class Members overtime compensation at the legal overtime rates required by the FLSA.”

The federal overtime rules lawsuit was filed on a count of violation of the FLSA and for Violation of the New Jersey State Wage and Hour Law.

FLSA

According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector in Federal, State, and Local governments.”

The Fair Labor Standards Act is important and offers employees certain rights. These rights include the right to be paid fairly, the limitations on child labor, requirements for overtime pay, interstate commerce employment, and minimum wage requirements. FLSA regulates federal minimum wage at $7.25 per hour. Overtime pay is also classified as any hours worked greater than 40 hours per week which includes a pay rate of not less than one and one-half times the rate of regular pay.

The Federal Overtime Rules Lawsuit is Case No. 4:18-cv-01078, in the U.S. District Court for the Southern District of Texas, Houston Division.

Join a Free Wage & Hour Class Action Lawsuit Investigation

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

Get a Free Case Evaluation Now