Thibodaux, Louisiana Oilfield Unpaid Overtime Lawyers

The Thibodaux, Louisiana oilfield unpaid overtime attorneys at Miller & Hilgendorf may be able to help you if you worked overtime on the oilfield and were not paid time-and-a-half for your work. Under the Fair Labor Standards Act, covered workers are entitled to receive time-and-a-half their regular rate of pay for hours they work over a 40-hour workweek. Recent Supreme Court rulings and court cases have found that most oilfield workers are covered under the Fair Labor Standards Act. This means that if your oilfield employer claims that you are not entitled to overtime pay, your employer may be violating the law.

The oil industry is big business. In 2021, the industry grossed $211.9 billion in revenue. Companies make millions and have an obligation to fairly pay their workers. Unfortunately, sometimes oil companies violate the law, commit wage theft, and fail to pay their workers the overtime they deserve. Oilfield companies sometimes pay workers day rates, shift rates, or classify them as salaried workers to avoid having to pay overtime. In other cases, oilfield companies might sometimes classify workers wrongfully as independent contractors to avoid having to pay them overtime and to deny them other benefits. In other instances, employers may not allow workers to log hours worked when driving to a job site, or when training or at meetings. This can all result in wage theft, violations, and unpaid overtime. If you worked long hours on the oilfield, and were not paid for overtime, you may have the right to seek compensation for your unpaid wages. Contact the Thibodaux, Louisiana oilfield unpaid overtime attorneys at Miller & Hilgendorf today to learn more.

Unpaid Overtime and the Fair Labor Standards Act

The Fair Labor Standards Act governs rules regarding minimum wage, overtime pay, employee recordkeeping, and more. Most workers are protected under the Fair Labor Standards Act. Under the Fair Labor Standards Act, employees who work more than 40 hours in a week are entitled to receive time-and-a-half their regular rate of pay. An employer may choose any day of the week to count as the start of the workweek, but the employer must keep consistent records of each week and cannot average the hours worked over two or more weeks to avoid having to pay overtime. Under the law, employers are required to keep accurate records of the hours worked. Sometimes employers may fail to keep accurate records, may wrongfully claim that a worker is exempt under the act, or may use other recordkeeping schemes to avoid paying overtime. If you worked overtime on the oilfield and were not paid time-and-a-half your hourly rate or were paid a day-rate or shift-rate, you may be entitled to fight to receive unpaid overtime. The oilfield overtime attorneys in Thibodaux, Louisiana at Miller & Hilgendorf are here to help you if you believe your oilfield employer violated the Fair Labor Standards Act and failed to pay you the overtime you deserve.

Common Unpaid Overtime Violations on the Oilfield

Oilfield companies may sometimes try to protect their bottom lines by cutting corners and violating the Fair Labor Standards Act. Because the Fair Labor Standards Act has some exceptions and exemptions, sometimes oilfield companies try to abuse these exemptions to their advantage. What are some ways that oilfield companies take advantage of these loopholes?

• Misclassifying Workers. Under the Fair Labor Standards Act, there are certain white-collar exemptions that allow certain employers to avoid having to pay overtime for some types of executives and professionals. Oilfield companies sometimes classify workers as supervisors or managers to avoid paying workers’ overtime. Another way oilfield companies may try to avoid paying workers benefits and overtime is by classifying workers as independent contractors. For workers to meet the criteria as executives or independent contractors, certain standards and criteria must be met. In most cases, oilfield workers are not executives or independent contractors running their own businesses. They are employees and should be covered under the Fair Labor Standards Act. If you are being told you don’t qualify to receive overtime pay because you are an independent contractor or supervisor, you may have the right to dispute this. The oilfield worker overtime lawyers in Thibodaux, Louisiana at Miller & Hilgendorf can review your employment contract, review the terms of your employment, review your situation, and if possible, fight to help you receive the overtime pay and benefits you might be entitled to receive.
• Paying Day Rates. Sometimes oilfield companies pay their workers what might initially appear to be high day rates, only to turn around and demand that workers put in extraordinary long days. In a recent case before the Supreme Court, one worker reported working 84-hour workweeks for 28 days in a row. When workers average their hours, they might find that not only are they not receiving time-and-a-half for overtime, but their hourly rate of pay is lower than they expected because of the many hours they are being required to work. If you were paid a day rate or shift rate, you might be entitled to demand overtime pay, and may be entitled to receive back pay up to three years, in addition to damages and attorneys’ fees. The Supreme Court recently found that day-rates and shift-rates do not count as salaries and therefore workers being paid a day-rate or shift-rate are entitled to receive overtime pay for hours they worked. This means that many day-rate or shift-rate workers may be entitled to receive substantial amounts of money in back pay and unpaid wages. If you were paid a day rate or shift rate and weren’t paid overtime, reach out to the oilfield employee overtime lawyers in Thibodaux, Louisiana at Miller & Hilgendorf today.
• Failing to Keep Accurate Records. When employers use schemes like day-rates or shift-rates to underpay workers, they may fail to keep accurate records of hours worked. Under the Fair Labor Standards Act, employers are obligated to keep accurate records of hours worked, wages, hourly rates, start of the workweek, money paid, and more. If your employer failed to keep accurate records, an unpaid overtime for oilfield workers lawyer in Thibodaux, Louisiana at Miller & Hilgendorf may be able to request records from your employer, speak to other workers to reconstruct the hours worked, and fight to help you get the unpaid overtime you might be entitled to receive.
• Making You Work Off the Clock. You are entitled to pay for ALL the hours you work, including time it takes to travel from your office or home site to a work site, time spent in training or meetings, time spent prepping for a job, and time spent doing paperwork. If your employer didn’t let you count these hours or made you work off the clock, the Thibodaux, Louisiana unpaid overtime for oilfield workers lawyer at Miller & Hilgendorf may be able to help you fight for unpaid overtime and unpaid wages.

These are just some of the ways that oilfield companies might try to avoid paying overtime to their workers. If you were not paid overtime and worked overtime on the oilfield, you may want to reach out to the oilfield unpaid overtime attorneys in Thibodaux, Louisiana at Miller & Hilgendorf today. We are here to help you.

Receive Your Unpaid Overtime and Backpay: Contact an Oilfield Unpaid Overtime Lawyer in Thibodaux, Louisiana

Oilfield companies have employment lawyers fighting on their side to protect them and help them avoid paying overtime. If you were not paid overtime and worked on the oilfield, you might be entitled to receive up to three years’ backpay. Under the Fair Labor Standards Act you might be entitled to receive time-and-a-half for overtime hours worked. You might also be able to collect damages and attorneys’ fees. If you were not paid overtime, contact an unpaid overtime lawyer in Thibodaux, Louisiana at Miller & Hilgendorf today. Our lawyers are here to help you understand your rights under the law, and fight to help you receive the backpay you may deserve