Percheron Professional Services (Formerly Mason Dixon Energy) Hit with Unpaid Overtime Lawsuit

New to ClassAction.org? Read our Newswire Disclaimer

Two plaintiffs formerly employed as Right of Way (ROW) Agents by Mason Dixon Energy LLC (which, after the 2015 merger of three entities, is a successor in interest to the defendant in this lawsuit) allege Percheron Professional Services, LLC misclassified them and similarly situated workers as exempt from overtime pay and owes unpaid wages under New York Labor Law. The plaintiffs, who worked for the defendant on government-contracted gathering line and pipeline projects in or based out of New York state between October 2011 and January 1, 2014, claim they were paid at a day rate that was “was only intended to compensate them for eight hours of work.” According to the case, the plaintiffs and other ROW Agents typically worked six days per week, totaling anywhere between 48 and 75 weekly hours, without time-and-a-half overtime pay. The plaintiffs further claim they were occasionally required to work on Sundays without pay.

Although the defendant allegedly classified ROW Agents as independent contractors, the complaint outlines an ostensible employer-employee relationship between the workers and Mason Dixon/Percheron, wherein the company reportedly exercised extensive oversight over proposed class members’ work tasks and did not charge the individuals with any managerial responsibilities.