The United States Department of Labor's Wage and Hour Division has found that Cintas Fire Protection Services violated the Fair Labor Standards Act by failing to pay wages to fire sprinkler installers and fire sprinkler testers for hours they worked. As a result, a settlement was reached in which Cintas will pay more than $1.3 million to 81 of their workers in Northern California. This came as a result of an investigation that determined Cintas was not paying their fire service technicians for hours that they worked that were not billable to Cintas's clients, such as completing reports, submitting timesheets and sending work-related emails.
Sprint Pipeline Services failed to accurately calculate overtime rates because they did not include per diems, truck pay, welder unit pay, and bonuses in overtime calculations.
MasTec, Inc.-owned oil and gas service company Bottom Line Services, Inc. was sued on May 6, 2013 by employee Jared Moore for violations of the Fair Labor Standards Act. Moore alleged Bottom Line Services failed to pay him overtime at the federally mandated rate of one and a half times his regular rate. Additionally, Moore alleged Bottom Line Services failed to include per diems, truck pay and other allowances in the overtime calculation. As a result, Moore and all other hourly employees were owed overtime, back wages and liquidated damages. Even though Bottom Line Services vigorously defended the lawsuit, the Court certified the class action - sending notice of the lawsuit to all current and former employees. On July 22, 2014, the parties filed a notice a settlement, signaling the resolution of the case.
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.