A settlement was reached in a class action suit involving a claim under the federal Fair Labor Standards Act (FLSA), after both sides reached a deal through mediation. The settlement was preliminarily approved by U.S. Magistrate Judge Cynthia R. Eddy of the Western District of Pennsylvania. A fairness hearing is scheduled to take place later in 2015.
In late 2014, two employees brought a claim against the ROC Service Company, alleging that the employer did not pay them for hours they worked as flowback hands, testing wells at fracking sites in Pennsylvania. The plaintiffs’ attorneys brought the suit under the federal Fair Labor Standards Act, which classifies the manual labor job duties as non-exempt work and therefore eligible for overtime. The workers argued that because their jobs are non-exempt under the FLSA, overtime is due and payable under the Act.
ROC Service Company is based in Texas and has operations in several other states. The two employees assert that they and other employees routinely worked 80 hour workweeks without being paid for overtime hours. This putative class of workers was scheduled to work 84 hours per week, and often worked more hours than that, only to be denied overtime pay. Instead, the ROC Service Company paid them a salary with a per diem and day bonus. Workers were denied any pay for any hours worked over 40 hours per week.
The settlement fund includes costs, attorney fees and enhanced payments for the two lead plaintiffs. The other plaintiffs who do not opt out of the settlement and who submit claim forms will be paid proportionally according to how much overtime they worked.
Philadelphia Overtime Lawyers at Sidkoff, Pincus & Green Fight to get Workers the Pay they Deserve
If you or someone you know has been the victim of unfair overtime pay practices, Philadelphia FLSA lawyers at Sidkoff, Pincus & Green can help you get the pay that is rightfully yours. Our Philadelphia overtime lawyers will help you understand your rights under the Fair Labor Standards Act, and assist you in getting your fair wage and overtime pay. Our firm serves clients in the Greater Philadelphia, Pennsylvania and South Jersey regions. Call us at 215-574-0600 or use our convenient online contact form.