SB Directional Services Hit with Worker Misclassification, Unpaid Overtime Lawsuit
by Nadia Abbas
Last Updated on November 9, 2018
Foutch v. SB Directional Services, LLC, et al.
Filed: November 1, 2018 ◆§ 5:18-cv-01076-M
A former employee of SB Directional Services claims that he and other workers were misclassified as independent contractors and deprived of overtime wages.
A former employee of SB Directional Services, LLC claims in a proposed collective and class action that he and other workers were misclassified as independent contractors and deprived of overtime wages.
The lawsuit alleges the plaintiff worked 12-hour shifts up to seven days a week as a “directional driller” for the oilfield equipment and services provider. The suit accuses the company of misclassifying all its workers as contractors rather than employees in an effort to avoid paying overtime wages. From the complaint:
“Specifically, Defendants classified its entire workforce, including clerical and office staff, shop hands and field workers, as independent contractors and paid them a flat sum for each day worked and failed to provide them with overtime pay for hours that they worked more than 40 hours in a workweek.”
The suit argues the plaintiff should have been classified as an employee, as the company controlled all aspects of his work, including his pay rate and schedule, and also prohibited him from working other jobs during his tenure.
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