An oil company based in Texas is being taken to court over time and attendance violations related to unpaid overtime. According to the Victoria Advocate, 90 people employed by the company, either in the field as equipment operators or in other support roles, claim they routinely worked between 50 and 100 hours per week without being compensated for overtime.
Under the Fair Labor Standards Act, all personnel not considered to be exempt, must be paid at minimum, time-and-a-half for any hours worked over 40, which designates a standard workweek. According to the newspaper, this is the second lawsuit the company has faced for FLSA violations.
In North Dakota, 64 people also filed suit stating they weren't paid overtime, despite working between 50 and 120 hours in a week. The case was later transferred to Texas as well.
Many of the claims are being disputed by the defendant citing provisions under FLSAs Motor Carrier Exemption, which states that certain job functions are exempt from overtime payments. However, the plaintiff's attorney states that modifications to the Motor Carrier Exemption enacted in 2008 make them eligible to receive overtime pay.
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