Law Office ofP. Zachary Stewart

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Legal representation in Weirton, West Virginia

Marcellus shale employees being cheated out of pay?

Oil and gas companies have a great deal of work in the Marcellus Shale in WV, PA and OH and oil and natural gas workers are in short supply. This means that workers in oil and gas jobs frequently work long hours, sometimes reaching 100 or more hours in a single week due to mandatory overtime. While The Fair Labor Standards Act does not prohibit large amounts of overtime, it does require that non-exempt hourly employees who work more than 40 hours per week be paid overtime at a rate equal to one-and-a-half times their regular rate of pay. The regular rate is a legal term and encompasses more than just the hourly rate. Unfortunately, and as a result, overtime pay violations in the oil and gas industry are very common. The following are the some of the most common compensation issues facing those working oil and natural gas jobs.

Misclassification of jobs

  • Classified as exempt and not paid overtime
  • Classified as independent contractor, not paid overtime or receive employee benefits

Incorrect compensation

  • Receive a day rate or straight time for all hours worked
  • Receive a per diem which is not included in calculation of overtime pay
  • Receive a truck or vehicle allowance which is not included in calculation of overtime pay

Unpaid time for the following

  • Travel to work site or from site-to-site
  • Safety meetings
  • Training
  • Cleaning tools

If you are a current or former oil or gas worker and believe that you may have a compensation issue or would like to get more information, please call us at 304-914-3577 or 724.472.4697.

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