Baton Rouge Louisiana Oilfield Unpaid Overtime Lawyers

The Baton Rouge, Louisiana oilfield unpaid overtime lawyers at Miller & Hilgendorf can help you if you worked over 40 hours a week and weren’t paid overtime. Under the Fair Labor Standards Act all workers covered under the act are entitled to receive time-and-a-half their regular hourly rate for every hour they work over 40 hours in a workweek. While the Fair Labor Standards Act doesn’t require employers to pay time-and-a-half for holidays, Saturdays, or Sundays, it does require employers to pay overtime rates when employees work overtime. Your employer is entitled to set any day as the start of your workweek, but the day must remain consistent. So, if your employer sets Monday as the first day of the workweek, if you work over 40 hours between Monday and Sunday, you would be entitled to receive overtime pay. You may be entitled to receive overtime pay even if you were a salaried worker and even if you were an independent contractor. Classification as a manager or supervisor shouldn’t impact your right to receive overtime pay. In some cases, oilfield companies improperly classify independent contractors or workers as such to deny them overtime pay and to avoid paying additional benefits.

There are several ways that employers in the oilfield industry tried to cut corners and evade the rules of the Fair Labor Standards Act. If you worked in the oilfield, worked overtime, and never received overtime pay, you might be entitled to receive unpaid overtime. The Baton Rouge, Louisiana oilfield unpaid overtime lawyers at Miller & Hilgendorf are here to help you fight to receive the unpaid overtime you may deserve. Reach out to our Baton Rouge, Louisiana oilfield unpaid overtime lawyers today.

Ways Oilfield Companies Deny Workers Overtime Pay and Violate the Law

If you worked on the oilfield and worked long shifts, but weren’t paid overtime, you may be entitled to receive overtime pay from your oilfield employer. In some cases, this can add up to thousands, or even tens of thousands in unpaid overtime. There are many ways that oilfield companies try to avoid paying workers overtime. If any of the scenarios below describe your work situation, the Baton Rouge, Louisiana oilfield overtime attorneys at Miller & Hilgendorf may be able to help you.

Here are some of the ways that oilfield companies violate employment laws and the Fair Labor Standards Act.

• Paying Flat Day Rates or Shift Rates, Rather Than Hourly Rates. Some oilfield companies attempted to avoid paying overtime by paying their workers shift rates or day rates, rather than hourly rates. This resulted in a situation where workers may have put in long days, and received lower average hourly rates, rather than being paid overtime for longer workdays. If you were paid a flat day rate or shift rate, an oilfield overtime lawyer in Baton Rouge, Louisiana at Miller & Hilgendorf can calculate your hourly rate based on your shift rate, and then calculate the hours you worked and the unpaid overtime you may be entitled to receive.
• Paying Straight Time for Overtime. Sometimes oilfield companies simply did not pay their workers time-and-a-half for overtime hours worked. If you were paid straight time for overtime, an oilfield worker overtime lawyer in Baton Rouge, Louisiana at Miller & Hilgendorf may be able to help you recover the unpaid wages you might be entitled to receive.
• Improperly Classifying Workers as Independent Contractors. If you were classified as an independent contractor and were denied overtime pay or benefits as a result, you may be entitled to dispute your classification and fight to receive the overtime pay and benefits you may deserve under the law. Determining whether you were an independent contractor or employee can be complicated. The Baton Rouge, Louisiana oilfield worker overtime lawyer at Miller & Hilgendorf can review employment contracts, contractor contracts, and the ways in which you performed work to determine whether you were properly classified.
• Not Paying Overtime to Salaried Workers. If you were a salaried worker and were not paid overtime, you may still be entitled to receive overtime pay under the Fair Labor Standards Act. Classification as a salaried worker, or classification as a manager or supervisor doesn’t necessarily mean you are exempt from receiving overtime pay.
• Forcing You to Work Off the Clock. You are entitled to receive pay for all the work you do. This includes pay for travel time from the office to the job site, travel time between work sites, meetings, work set up, paperwork, and more. If you were required to work off the clock, you may be entitled to receive unpaid wages and may also be entitled to receive time-and-a-half for unpaid overtime. The Baton Rouge, Louisiana oilfield employee overtime lawyers at Miller & Hilgendorf are here to help you if you were asked to work off the clock on the oilfield.
• Problems with Recordkeeping. Your employer is not permitted to change the start of the workweek each week or permitted to average the hours worked over several weeks to avoid paying you overtime. Your employer must set a fixed start of the workweek, and calculate hours worked from there. Your employer must keep records of the time and hour when the workweek begins, the total hours worked each day and week, and the hourly rate of pay. An employer can use any method to track workers’ time, whether that is a time clock, or letting workers track their own hours. If your employer failed to keep proper or consistent records, you may be entitled to receive pay for overtime hours you worked. Often an employer who fails to keep records for one employee will fail to keep records for all. An oilfield overtime attorney in Baton Rouge, Louisiana at Miller & Hilgendorf can speak to multiple employees to reconstruct the average hours worked when employers fail to keep proper records. Because employers are required to keep accurate records, they can face penalties for violating the law. Employers are required to keep payroll records for up to three years, meaning you may be entitled to receive unpaid overtime for up to three years prior. If you believe inconsistent or improper recordkeeping resulted in unpaid wages or your employer failing to pay you overtime, you may be entitled to receive money for unpaid overtime. The Baton Rouge, Louisiana oilfield employee overtime lawyers at Miller & Hilgendorf are here to help you.

These are just some of the ways that oilfield companies might try to deny oilfield workers the overtime pay they may deserve. The Baton Rouge, Louisiana oilfield overtime lawyers at Miller & Hilgendorf are here to help you fight to receive the unpaid overtime you may deserve. Reach out to our oilfield employee overtime lawyers today.

Your Rights Under the Fair Labor Standards Act

 Virtually all oilfield workers should be covered under the Fair Labor Standards Act. Under the Fair Labor Standards Act, workers are entitled to receive time-and-a-half pay for overtime work. Overtime is defined as any time worked more than a 40-hour workweek. Because there are some exemptions to the Fair Labor Standards Act, sometimes oilfield companies might try to wrongfully claim that certain workers are exempt from the law. Yet, in court and under the provisions of the law, virtually all oilfield workers should be covered under the Fair Labor Standards Act. Any business whose sales exceed $500,000 a year would be covered under the Fair Labor Standards Act. In addition, companies that make less than the threshold of sales may still be required to abide by the Fair Labor Standards Act if they engage in interstate commerce or business.

In general, when oilfield companies have tried to claim that workers are exempt from overtime pay in court, oilfield companies have failed to win and have generally had to pay overtime. If you were or are an oilfield worker and were told you were exempt from receiving overtime pay, your workers’ rights may have been violated under the Fair Labor Standards Act. The Baton Rouge, Louisiana oilfield unpaid overtime attorneys at Miller & Hilgendorf are here to help you fight for your rights.

Contact an Unpaid Overtime for Oilfield Workers Lawyer in Baton Rouge, Louisiana

An unpaid overtime for oilfield workers lawyer in Baton Rouge, Louisiana at Miller & Hilgendorf is here to help you fight to receive the backpay and unpaid overtime you may be entitled to receive. If you were not paid the overtime you deserve, you may be entitled to receive compensation for up to three years of unpaid overtime, compensation for damages, and attorneys’ fees. The unpaid overtime for oilfield workers lawyer in Baton Rouge, Louisiana at Miller & Hilgendorf is here to help you. Contact us today to fight for your rights.