Wind River Oil Services Drilled with Worker Misclassification Class Action

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The owning and operating entity of Wind River Oil Services allegedly failed to pay employees proper overtime and minimum wages in accordance with federal and state labor laws, a proposed class action lawsuit claims. Filed in North Dakota, the complaint says the defendants, providers of trucking services used by oil and/or gas companies, did not pay workers employed as truck pushers (responsible for monitoring tank levels and safety conditions, among other duties) at the time-and-a-half overtime rate for all hours worked over 40 in a workweek. Specifically, the suit claims proposed class members, who regularly had to work seven days a week, were wrongly classified as independent contractors exempt from overtime pay under the Fair Labor Standards Act (FLSA) even though the workers’ daily responsibilities and working life were controlled entirely by the defendants.