Workers in the oil/gas industry are often misqualified as exempt employees and are not paid overtime. However, this is usually not legal.
Most oil/gas landman and right of way agents are entitled to receive overtime pay and may not be classified as exempt, as their job duties do not fulfil all the necessary requirements for exemption.
Fill out the form to see if you qualify.
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Day Rate Workers
The law requires employers to pay their workers overtime when they work more than 40 hours a week.
Many employers attempt to avoid this requirement by paying their employees a day rate. This means that the employee is paid a flat sum for a day’s work, no matter how many hours they actually work during that day. When these workers work more than 40 hours a week, the only compensation they receive is the day rate. When they don’t work, they don’t get paid.
Paying workers a day rate may not be illegal if the employer is also paying the employee overtime compensation when they work more than 40 hours in a week. Unfortunately, this doesn’t happen very often.
Day Rate Law Clarified. A Federal Court of Appeals on April 20, 2020 ruled that a “day rate” was not a salary, and such workers must be paid overtime. And this law is retroactive going back three years! Employers can no longer rely on day rates to avoid overtime pay.
Day rates are regularly used by staffing companies, oil and gas companies, and offshore construction companies to avoid tracking hours and paying workers overtime compensation. If you receive a flat sum or a day rate for all of the hours that you work, you may have a claim for unpaid overtime.
The fear of retaliation might hold you back from claiming the wages you rightfully earned. It’s a common concern, but here’s why you can speak up with confidence:
Protected by Law: Federal law strictly prohibits any form of retaliation against employees asserting their rights.
A Track Record with no Retaliation. Thousands of healthcare workers like you have stepped forward to claim their unpaid wages, and not one that I’ve represented has faced retaliation for asserting their rights. This track record isn’t just luck; it’s because the law is on our side and the businesses know it.
Companies Know the Law: The human resources departments and legal teams of companies know retaliation is illegal and they know I would be watching their every move like a hawk. My presence and advocacy for your rights act as a powerful deterrent against potential retaliation.
Increased Protection: It sounds odd, but speaking up about your wage rights under my firm’s representation can actually provide you with greater protection. Businesses don’t want the headache of more legal trouble, and they know with me in your corner, I’ve got your back.
Don’t let fear stand in the way of what you are owed. With strict legal protections against retaliation and our firm’s comprehensive support, you can assert your rights confidently. We’re here to ensure your voice is heard and respected, every step of the way.
You’re Part of a Bigger Movement.
If an employer does not properly pay their employees for overtime, employees can file a claim to recover back wages that they are entitled to. Under the FLSA, an employee may be entitled to recover up to double the amount of unpaid overtime wages they are owed.
Let’s add your voice to the growing call for justice. It’s time your unpaid overtime is recognized and compensated. Because when one of us stands up, it empowers all of us.
Talk with a lawyer, typically immediately or on the same day. It’s free, and you don’t need to have any paperwork on hand.
Fill out the form
If you have been deprived fair wages, fill out the form above and wait for our call!
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