DENVER, CO — Over the years, hydraulic fracturing (or simply fracking), has become a popular drilling technique in extracting oil and natural gas from the earth. Many companies eager to get their share of the natural resources have developed it into a multi-billion dollar industry. However, one such company, Ensign Energy Service, Inc. has come under fire for FLSA violations. The lawsuit brought against them alleges that the salaried workers were misclassified as exempt from overtime. In a three year span, nearly 60 workers filed complaints claiming they were misclassified and owed overtime wages for services they performed for the operation.
Can I file an FLSA lawsuit against my employer for unpaid overtime?
Yes, you may be able to file an FLSA lawsuit against your employer for unpaid overtime. FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers. These claims seek payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses. Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.
If your employer owes you overtime wages for work performed, even dating several years back, our top rated attorneys can file a claim for you to recover the unpaid wages that you are owed. There are strict time deadlines for filing FLSA lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid at a rate of one and one half their regular hourly rates. However, the FLSA also provides for a number of exemptions, many of which require that the employee be paid on a salary basis to be eligible for the exemption. Although the plaintiffs in this lawsuit were paid on a salary, they did not meet the duty based requirements that go along with the exemptions. Accordingly, the plaintiffs argued that they had been misclassified as exempt from overtime premium pay.
Of the $1.8 million to be paid in the wage and hour settlement, $693,000 will be paid to the plaintiffs’ attorneys for fees and costs. The federal district judge in Denver, Colorado believed the settlement to be fair and reasonable, given the challenges each side faced if the case were to continue in litigation. A plaintiff in a wage and hour lawsuit brought under the Fair Labor Standards Act can seek back wages and liquidated (double) damages if the violation of the Act was willful. The prevailing plaintiffs, such as the plaintiffs in this case, are also entitled to have their reasonable attorney fees and costs paid by the employer that violated the Act.
FLSA Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.