By Tracy Colman  |  July 11, 2017

Category: Labor & Employment

unpaid-overtime-wagesA lawsuit has been filed against Advanced Oilfield Services alleging the company owes unpaid overtime wages.

Plaintiff Joe B., a former employee of Advanced Oilfield Services LLC, filed a class action lawsuit against his former employer on June 21, 2017 in the U.S. District Court of Western Pennsylvania, Pittsburgh Division.

His unpaid overtime wages lawsuit applies to himself and all current and former employees of the defendant retroactive three years from the date of this filing through the resolution of the legal action.

The plaintiff, on behalf of himself and all who choose to join, is seeking maximum financial compensation in this unpaid overtime wages lawsuit including liquidated damages.

Joe filed this class action lawsuit in reference to the Fair Labor Standards Act (FLSA), which he believed the company routinely violated. He is asking for a trial by jury and relief for all necessary legal expenditures including attorney’s fees and court fees.

Unpaid Overtime Wages

In this unpaid overtime wages litigation, the plaintiff is accusing Advanced Oilfield Services LLC of improperly classifying blue collar oilfield workers in a variety of capacities as independent contractors. In the legal documentation, Joe identifies the characteristics of the employment that made such classification seem ill-matched.

The plaintiff, when referring to oilfield workers in a variety of capacities, said that he and class members were not in business for themselves and had not advertised or marketed on their own behalf at any time. He said that he and other Class Members had never made an investment of any kind in a separate business entity designed to bring them each individual profit.

In the legal paperwork, Joe and his attorney also state that he and the Class Members were completely dependent on the investment of the company in all tools, needed equipment, vehicles, buildings and administrative costs such as accounting, payroll, insurance, and bill paying.

Workers did not employ their own people at any time. They were not at any time given the authority to give input on who was hired or fired or allowed to hire and fire of their own accord.

According to the additional facts as stated in the lawsuit, the oilfield workers were all essentially blue-collar and not college educated or technically trained in any manner. They did not participate in any decisions that affected the business direction of the company as a whole.

Each day, Joe and all similarly situated class members were given a daily schedule of work activities which were not subject to debate. The daily structure was completely determined by the defendant.

All of the above characteristics, when looked at together, support the idea of employees being misclassified as independent contractors, Joe argues.

Hourly Wages and Complaints

In the plaintiff’s role as a rig welder, a job he held twice during November 2014 to September 2015 and June 2016 to March 2017, he was paid $85 an hour to work in the field and unpaid overtime wages accrued when he worked anything above 40 hours in 7-day period. He claims that all employees were withheld proper overtime compensation in the same manner.

The plaintiff is bringing the following counts against the defendant: Count 1 – Collective action alleging FLSA violations; Count 2 – Class action alleging violations of the Ohio Acts; Count 3 – Class action alleging violations of PMWA.

Because this filing was originally designed as a class action which involves employees in several states of the defendant’s operation, it refers to the Ohio Minimum Fair Wages Standards Act also known as the Ohio Acts. It also refers to the Pennsylvania Minimum Wage Act, also known as PMWA.

The Advanced Oilfield Services Unpaid Overtime Wages Lawsuit is Case No. 2:17-cv-00825-MRH, in the U.S. District Court for the Western District of Pennsylvania, Pittsburgh Division.

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