Attorneys James T. Carey and P. Zachary Stewart

Pursuing your Claims. Protecting your Rights.

Are You Working Overtime?

Last updated on May 11, 2024

Are you getting paid a day rate, but required to work 10, 11 or 12 hours a day, sometimes seven days a week? Working during holidays? Your vacations? Sacrificing your weekends? You should get paid for all the time you work.

Day rate employees may be eligible to receive overtime pay from their employers. The Fair Labor Standards Act (FLSA) governs wages and overtime standards employers must follow. FLSA does not limit the number of hours or days a worker may work; however, it sets overtime pay standards. It requires that employers pay overtime to nonexempt hourly employees who work more than 40 hours per week at a rate equal to 1 1/2 times their regular rate of pay.

At Carey & Stewart, PLLC, our practice helps workers sort through the details of their wages. We can help you get paid for all wages you earned and deserve for your time on the job. Call us at 888-710-4496 for a free initial consultation to discuss your situation. Our experienced firm can help with wage and hours claims cases nationwide.

  • Misclassification – Employers often assert workers are exempt from overtime pay if they are paid a salary, given certain job titles or classified as “independent contractors.” You should not assume that you are exempt from overtime pay based on a misclassification of your job.
  • Straight time without overtime – Employers may pay their employees “straight time,” or the same amount per hour, no matter how many hours are worked. If a company does not pay 1 1/2 times the employee’s regular rate, or even hourly rate, and the employee is not exempt under the FLSA guidelines, a lawsuit may be filed to recover unpaid overtime.
  • Job allowances – Employers may include a specified payment for each day for meals or gas, however, in many instances this group of workers also do not get paid the correct amount of overtime.
  • Off-the-clock work – Time spent for training, cleaning tools, attending safety or planning meetings are part of a worker’s job and should count as hours worked.

Do You Work In The Marcellus Or Utica Shale Region?

Oil and gas workers in West Virginia, Ohio and Pennsylvania are frequently subject to illegal wage practices. Individuals are required to work long hours and weekends, sometimes even reaching more than 80 hours in a single week. The FLSA requires that workers be paid for all hours worked and requires overtime wages be paid for all hours worked over 40 hours in a week. Employers often try to circumvent paying overtime by paying a day rate (without overtime) or making all the workers “independent contractors”, even though there is nothing independent about their work. These have been found to be illegal pay practices. It comes as no surprise that overtime and wage violations in the oil and gas industry are very common.

Below is a list of only a few of the many jobs related to the oil and gas industry that may require workers to receive overtime pay:

  • Cartographer
  • Closed Loop Operator
  • Compressor Operator
  • Derrickhand
  • Directional Driller
  • Draftsman
  • Driller
  • Driver
  • Electrician
  • Equipment Operator
  • Field Coordinator
  • Field Engineer
  • Field Operator
  • Field Specialist
  • Floorhand
  • GIS Specialist
  • Landman
  • Lease Hand
  • Lease Operator
  • Mechanic
  • Mud Logger
  • MWD/LWD Engineer
  • MWD/LWD Operator
  • Pipeline Inspector
  • Production Foreman
  • Pumper
  • Rig Hand
  • Roustabout
  • Roughneck
  • Service Supervisors
  • Slickline Operator
  • Solids Control Technician
  • Tankerman
  • Title Abstractor
  • Tool Pusher
  • Top Drive Mechanic
  • Top Drive Technician
  • Well Tender
  • Wireline Operator

Short-haul truckers who are paid by the load, with no extra compensation for hours worked above 40 in a week, may also have a claim for unpaid overtime.

Call An Attorney Today For Help Getting The Overtime Wages You Earned and Deserve

If you are an employee with an overtime dispute, or a current or former oil and gas worker and believe that you may have a compensation issue, speak to an experienced lawyer soon. Call Carey & Stewart, PLLC, in Weirton at 888-710-4496  or reach out to our office online.