Lawsuit: Zeco Equipment Misclassified Workers to Avoid Paying OT

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A proposed class action out of North Dakota alleges oilfield services company Zeco Equipment, LLC required employees to work more than 40 hours per week without time-and-a-half pay by unlawfully misclassifying the individuals as exempt from overtime under the Fair Labor Standards Act (FLSA) and state labor law. The plaintiff, who worked for the defendant as a solids control technician in multiple states from June 2014 through October 2015, alleges he and similarly situated workers routinely worked 12-hour-plus days, seven days per week, for a flat day rate instead of proper time-and-a-half overtime. The lawsuit claims no exemption exists within the FLSA or North Dakota law to shelter the defendant from paying proposed class members overtime, as the workers did not supervise or manage others, have the authority to hire and fire, nor perform tasks that required independent judgment or discretion.