Lawsuit Alleges Focus Optimization Solutions Misclassified Oilfield Workers, Owes Unpaid OT

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Focus Optimization Solutions, Inc. is the defendant in a proposed class and collective action filed by a former oilfield employee who claims he never received overtime pay for workweeks during which he worked more than 40 hours. The plaintiff alleges the defendant misclassified certain workers as independent contractors and paid the individuals a daily rate instead of a guaranteed salary.

The complaint details an alleged instance where the plaintiff, between March 16 and March 24, 2015, worked at least 12-hour days without being paid time-and-a-half overtime wages for every hour worked past 40. All told, the complaint argues the relationship between workers such as the plaintiff and the defendant represents that between an employer and employee, given the apparent level of control exercised by Focus Optimization Solutions over “all aspects of [the plaintiff’s] job.”