Are You Working Overtime?

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 the Law Office of P. Zachary Stewart, 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 304-914-3577 for a free initial consultation to discuss your situation. Our experienced firm can help with wage and hours claims cases nationwide.

  • Job classifications — 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.
  • Earnings questions — 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.
  • 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.
  • Travel time, safety meetings training — 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 natural gas jobs in West Virginia, Ohio and Pennsylvania are a hot commodity. Oil and gas companies have a great deal of work in both the Marcellus Shale region and Utica Shale region. Workers in oil and natural gas jobs are frequently required to work long hours, sometimes reaching 100 or more hours in a single week due by their employers.

The FLSA does not prohibit the energy service companies from forcing their employees to work large amounts of overtime, but it does require that the employers pay overtime to nonexempt employees who work more than 40 hours per week. Unfortunately, overtime pay violations in the oil and gas industry are very common.

Below is a list of only a few of the many jobs that may be entitled to overtime pay:

  • Compressor operator
  • Pumper/well tender
  • Draftsman/cartographer
  • Production foreman
  • Driver
  • Derrickhand
  • Electrician
  • Driller
  • Equipment operator
  • Floorhand/roughneck/rig hand
  • GIS specialist
  • Roustabout
  • Lease hand
  • Truck driver
  • Landman
  • Title abstractor
  • Mechanic

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 Seeking The Overtime Wages You 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 the Law Office of P. Zachary Stewart in Weirton at 304-914-3577  or reach out to our office online.

When you are ready to protect your rights, we are ready to talk.