In June of 2018, Forester Haynie PLLC filed a Collective Action Complaint on behalf of employees working at Directional Project Support, Inc. (“DPS”), a drilling service. DPS employees often work in excess of 40 hours a week, but are paid a day rate regardless. In other words, they aren’t receiving overtime compensation for working overtime, even when they work 70+ hours a week.
Last week, Forester Haynie PLLC took a huge stride forward for these employees — the court granted Plaintiff’s Motion for Conditional Certification. This is considered the first step in the certification process. While “conditional certification is appropriate upon a modest factual showing of a unified employment policy that ties together the claims of all putative members of the collective action,” recent case law also demonstrates that meeting the standard is not automatic.
What does this mean for DPS employees? All current and former DPS employees who were not paid properly for all hours worked and have worked within the last three years may “opt-in” to the action.
Attorney Jay Forester, said:
“As is standard in the oilfield services industry, it appears this company is charging others by the hour rather than for their actual hours of work in compliance with federal law and at overtime rates for working overtime hours. The company knows our clients regularly work 12+ days, often six or seven days a week. However, these workers are merely paid a capped “day rate.” This win does not mean the case is over, but it is a huge victory and a step towards our ongoing efforts to recover back overtime wages for all those who are eligible and desire to do so. Day rates are the same as hourly pay, they are not a salary. If you too are required to work overtime but are merely paid a flat “day rate” with no overtime pay, contact us to learn your rights!”