Lawsuit: EdgeMarc’s ‘Illegal Pay Practices’ Deprived Misclassified Employee of OT Pay

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Oil and natural gas company EdgeMarc is facing a wage and hour suit filed by a former employee who alleges he was misclassified as an independent contractor exempt from overtime pay.

The plaintiff worked as a drilling consultant for the defendant in 2017, where he operated oilfield machinery, performed manual labor, and worked long hours in the field that exceeded 40 each week, the suit alleges. The case claims the plaintiff was improperly designated as an independent contractor by his employer and was paid a day-rate that deprived him of proper overtime compensation.

The suit charges the man should have been classified as an employee under the Fair Labor Standards Act (FLSA), in part because EdgeMarc controlled “all the significant or meaningful aspects” of the plaintiff’s job duties, prohibited him from working for other companies during his tenure, and did not employ him on a project-by-project basis.