PITTSBURGH — Two former employees for Rush Wellsite Services recently filed an oil workers class action unpaid overtime lawsuit against their previous employer.
The lawsuit alleges the company violated the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.
Among the chief complaints, the plaintiffs allege they were frequently forced to work more than 40 hours per week without overtime compensation.
The two main plaintiffs — an engineer and an operator — filed the lawsuit to reclaim unpaid overtime wages up to three years back for those employed by Rush Wellsite Services.
Under the Fair Labor Standards Act, plaintiffs may seek up to three years of unpaid overtime if their employer knowingly withheld the wages.
According to the complaint filed in the U.S. District Court for the Western District of Pennsylvania, the plaintiffs worked technical and mechanical work in excess of 40 hours a week. To circumvent having to pay overtime wages, the defendants allegedly paid their employees a combination of salaried compensation and bonuses.
Under current overtime wage exemption laws, workers making less than $23,660 cannot be classified as overtime exempt employees. However, only certain classes of workers making more than this amount may fall under the exemptions and they are strictly defined.
Who Qualifies for Overtime Exemptions?
Under the Fair Labor Standards Act, executives are exempt from overtime wages. To qualify for this exemption, the employee’s duties must include:
- Supervises two or more other workers
- Management is the primary duty of the position
- Provides genuine input into the job status of other employees
Another exemption under the Fair Labor Standards Act, these types of exempt employees may not only be responsible for supervisory duties but also managerial ones as well. Common managerial duties under the Fair Labor Standards Act include:
- Interviewing, selecting, and training employees
- Setting salaries of employees
- Handling employee grievances or complaints, or
- Employee discipline
- Determining work techniques
- Mission planning
- Delegating responsibilities of employees
- Procuring materials and equipments for the job
- Budgetary planning
- Maintaining safety in the workplace
Do I Have an Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.