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Philadelphia Overtime Lawyers: Fracking Water Transportation Falls Under FLSA Overtime Rules

Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a given workweek at a rate of atleast one and a half times their regular rates of pay.

This month, U.S. District Judge Malachy E. Mannion of the Middle District of Pennsylvania ruled in Mazzarella v. Fast Rig Support that truck drivers delivering fracking water to gas drilling rigs within the state are covered by the FLSA and must receive overtime pay in accordance with FLSA guidelines.

After working more than 45 hours a week without receiving overtime pay, the employees of FAST Rig Support, LLC and First Americans Shipping and Trucking Co. filed an FLSA and Pennsylvania Minimum Wage Act claim earlier this year. The defendants filed a motion to dismiss the claims, arguing that the Motor Carrier Act, which provides exemptions from FLSA regulations, governs work performed by the plaintiffs.

In his ruling, Judge Mannion stated that the plaintiffs effectively pleaded a claim for violations of the overtime provisions of the FLSA and that “defendants have not shown that the motor carrier exemption applies sufficiently to justify dismissal”. Peter Winebrake, counsel for the more than 40 plaintiffs, believes this ruling represents a significant development that will have a broader impact on labor standards in Pennsylvania.

Philadelphia employment lawyers for FLSA at Sidkoff, Pincus and Green P.C.  represent clients in all matters of employment law including wage and hour disputes, FLSA violations, overtime claims and more.  Our Philadelphia business lawyers are highly skilled in trial litigation and complex negotiationsContact Sidkoff, Pincus and Green online or call today at 215-574-0600.