The fundamental question isn't what you're called on paper. It's who controls the work. If your employer gave you a truck, sets your schedule, determines where you go, how you do the job, and how much you earn, you're an employee under federal law. A 1099 form doesn't change that.
Who do I represent?
- Roughnecks, derrickmen, and floor hands
- Roustabouts and equipment operators
- Well service technicians and wireline operators
- Tool pushers and motor hands
- Drilling fluid specialists and pump operators
- Anyone on oil rigs, pad sites, or well locations working day rates or 1099 pay
What are the most common oil field overtime violations?
Day rates that ignore overtime. Your employer pays you $300 a day no matter whether you work 8 hours or 14 hours. That's not legal. You're owed time and a half for every hour over 40 in a workweek. The day rate just becomes the baseline to calculate what your true hourly wage actually is.
Misclassification as independent contractors. You get a 1099 and told you're a contractor, but you work one well, one truck (owned or controlled by the company), set hours, using company equipment and procedures. You're not calling your own shots. You're not free to take other work. You're not in business for yourself. That's an employee, regardless of the tax form.
No overtime for hours worked. Some operators will tell you “we don’t do overtime” or “your job’s exempt.” Neither is correct. If you’re not a true supervisor or professional (and most field workers are not), you’re owed overtime.
Travel time ignored. If you're driven to a remote location, that time counts. Meetings at the yard before a shift, safety standdowns, mandatory training, waiting for assignments, and any work-related activity all add to your hours worked.
How does the law protect you?
The Fair Labor Standards Act requires employers to pay you time and a half for every hour over 40 in a workweek. That applies to oil field work. No exemptions for hazard pay, skill level, salary, or the type of work.
The test for whether you're an employee or contractor is the economic reality test. Federal courts look at six factors: (1) How much control does the employer have over the way you work? (2) Are you in business for yourself or dependent on one company? (3) Is the work permanent or temporary? (4) Is the work an integral part of the business? (5) Do you use your own equipment, or does the company? (6) Do you have the opportunity for profit or loss?
If most of these point to the employer controlling the work, you're an employee. One truck, one company, set schedule, set pay, no ability to refuse work or take other jobs, and the work is core to what the oil company does. That's an employee. And employees get overtime.
What could your case be worth?
Back pay covers all unpaid overtime wages for the entire time you worked without proper compensation. Liquidated damages equal another 100 percent on top of the back pay, as a penalty. Plus your attorney's fees and costs. The overtime law allows a lookback of two years from the date you file, or three years if the violation was willful. Each week you wait, the oldest week of unpaid overtime slides out of the recoverable period and is gone for good.
Here's a rough framework: if you worked 60 hours a week at $25 per hour for two years and were never paid overtime, the back wages alone exceed $20,000. Double that with liquidated damages, add attorney's fees, and your case could be worth $50,000 or more. Cases involving multiple workers, longer time periods, or higher pay scale up from there.
What does it cost to bring a case?
I handle all cases on a contingency fee basis. If there is no recovery, you pay nothing, not even the costs. There is zero financial risk to pursuing what you're owed.
Contact Me
If you've been working day rates, 1099 status, or both without overtime pay, call me. I'll ask you a few questions about your work schedule, what you were paid, and how you were classified. Then I'll tell you whether you have a case.
Call me at (512) 799-2048.