FLSA Class Action Filed Against Mountain Energy Services

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A proposed class action citing alleged Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act (PMWA) violations has been filed against Mountain Energy Services, Inc. The defendant, which provides “various services” to the natural gas industry in Pennsylvania and Ohio, allegedly violates the aforementioned labor laws with its overtime pay practices, namely by assigning employees to different payroll categories that determine their level of overtime pay. With this method, the case claims, instead of being paid at the proper time-and-a-half overtime rate, employees are only paid overtime “when a particular category of hours crosses the 40-hour overtime threshold.” These categories, the suit notes, range from “driver hours” to “non-driving/travel time” hours to “travel/non-driving time-drive” hours.