DALLAS — The plaintiffs in an overtime lawsuit filed against Native Oilfield Service LLC were awarded approximately 3.7 million dollars by a jury after a trial in federal court. The plaintiffs are drivers employed by Native Oilfield Services, a pressure-pumping company, who represented a class of 104 other current and former drivers who delivered sand to the company’s customers for use in fracking. They alleged that the company violated the Fair Labor Standards Act (FLSA) by failing to properly compensate them for overtime because the company was not exempt from FLSA under the Motor Carrier Act (MCA) of 1935 as the company claimed it was.
MCA FLSA Exemption
Under FLSA, employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to the Motor Carrier Act of 1935 are exempt from FLSA’s minimum wage and overtime provisions. This particular exemption will only apply if:
- The employees are employed by a motor carrier (persons providing motor vehicle transportation for compensation) or motor private carrier (persons who own or lease the property being transported for sale, lease, rent, or to further a commercial enterprise).
- The employees are drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate commerce.
- The work involves the safety of operation of motor vehicles weighing more than 10,000 pounds, is designed to transport more than eight passengers, including the driver, for compensation, or more than 15 passengers without compensation, or is designed to transport hazardous materials.
Native Oilfield Truck Drivers’ Duties
In the lawsuit, the plaintiffs claimed that the company violated FLSA for failing to pay overtime for off-the-clock hours they spent waiting to be assigned a truck or for their trucks to be loaded and unloaded. The company argued in return that they satisfied the MCA exemption and, even if they did not, that the plaintiffs could not prove that they weren’t paid overtime because those hours were not hours actually worked but, instead, “wait time” ineligible for overtime payments.
The jury returned judgment in favor of the drivers, finding that the company failed to establish each element of the MCA exemption to the drivers as a group. They also found that the drivers proved they were not paid time-and-a-half during any seven-day work week and that the plaintiffs worked 18 unpaid overtime hours per week on average. The jury also found the violations were willful and, thus, awarded significant liquidated damages to the plaintiffs, in addition to unpaid overtime wages.
If you or someone you know is misclassified as exempt from overtime, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing so it is important that you call our experienced attorneys today.