More Than 90 Workers Claim Energy Company Owes Them Overtime Pay

Two lawsuits filed against Warrior Energy Services Corp. allege that more than 90 current and former employees are owed overtime pay. One of the lawsuits, filed March 31 in federal court in Victoria, Texas, claims that the energy company has violated the Fair Labor Standards Act (FLSA).

According to court documents, crane operators and support personnel worked 50 to 100 hours per week and were shorted overtime pay.

The case concerns and contests overtime pay exemptions under the Motor Vehicle Carriers Act. Under that law, certain employees, including drivers, mechanics and loaders, are exempt from receiving overtime pay. If the act applies, Warrior treated its employees lawfully. However, the plaintiffs assert that they qualified for overtime under the Technical Corrections Act of 2008, because they use vehicles weighing less than 10,000 pounds on private property to service wells.

According to the plaintiffs, jobs typically lasted for only two or three days. In addition to operating the vehicles, the workers tested equipment and swept and cleaned the shops. Some employees were switched from salary to hourly in November 2012, according to court documents.

The other lawsuit was originally filed in the Southwestern District of North Dakota by 64 employees who also claimed overtime violations. That suit has been transferred to Victoria, Texas, and the plaintiffs have asked the court to consolidate them.

Gregory D. Jordan is an employment lawyer. To learn more, visit or call 512-419-0684.

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