On November 12, 2015, a class action lawsuit was filed against global oilfield services company, MudTech Services, alleging that the company did not pay overtime wages as required by law. A former MudTech employee has filed the lawsuit individually and on behalf of all other MudTech employees who claim that they were not paid overtime wages.
The suit was filed in the Pittsburgh Division of the U.S. District Court for the Western District of Pennsylvania. Specifically, the lawsuit alleges that MudTech violated the Pennsylvania Minimum Wage Act, the Ohio Minimum Fair Wage Standards Act and the Ohio Prompt Pay Act.
According to the lawsuit, the class action representative worked for MudTech as a solids control consultant from 2014 through June of 2015. During this time, he alleges that he was regularly made to work 12-hour shifts, seven days per week. MudTech allegedly classified employees as independent contractors in order to avoid paying them the legally required overtime premium for hours worked over 40 hours per week. Rather, the plaintiff asserts that he was paid a daily rate or per diem to perform the work.
There are instances in which employers may incorrectly label employees as “independent contractors” in order to avoid paying overtime premiums. Determining whether one is an independent contractor requires an analysis of various factors, including: the amount of control an employer has over the employee, the nature of the work, the amount of skill required for performance of the job, which party supplies the tools, whether payment is by time or by the job and whether the employer can terminate the employment at any time.
The class action plaintiffs are seeking to recover unpaid back wages, interest, costs, penalties and attorneys’ fees from MudTech.
Philadelphia Wage and Hour Lawyers at Sidney L. Gold & Associates Represent Victims of Unpaid Overtime
If you were denied overtime while working more than 40 hours per week, you may be entitled to compensation. Although some overtime violations may be unintentional, some employers take shortcuts to purposefully avoid paying employees time-and-a-half for overtime hours. If you suspect that you have been wrongfully denied overtime pay, the experienced Philadelphia employment lawyers at Sidney L. Gold & Associates can help. We have dedicated ourselves to defending the rights of employees. With offices located in Center City, Philadelphia, we serve clients throughout Pennsylvania, New Jersey and New York. Call us at 215-569-1999 or fill out an online contact form today.