11
Nov

Top 10 Oilfield Overtime Violations

Under federal law, employers must pay employees overtime wages when they work more than 40 hours a week unless their position is covered by an exemption established by law. Depending on their job duties, oil and gas industry employees may not fit under any overtime exemption. If the applicable exemptions do not apply, oil and gas workers are entitled to overtime.

Is your employer in the oilfield violating labor law?An employee may assert his rights to overtime through either the Department of Labor investigation or a private attorney. Hiring an attorney usually allows for quicker and greater recovery due to the potential of obtaining liquidated (double) damages from your employer.

Over the past year, oil & gas companies have been exposed for a multitude of high profile Fair Labor Standards Act violations. In September 2015, oilfield giant Halliburton agreed to pay oilfield workers 18.3 million dollars in back wages to more than 1,000 workers for unpaid overtime.

Private attorneys have also taken on the oil and gas industry. One such attorney, Jack Siegel of the Siegel Law Group in Dallas, Texas, indicates that he has already favorably settled three cases against oil and gas companies and has four more lawsuits against industry leaders such as Nine Energy, Sprint Energy and Schlumberger currently being litigated in federal court.

Mr. Siegel provides the following information to educate oil and gas industry workers about their overtime rights. Here are the top 10 reasons for oilfield overtime lawsuits based on his experience in the industry:

Paying Day Rate with Not Overtime. If your employer only pays you a day rate or day rate plus salary, you likely are owed overtime for all hours you work in excess of 40 in a week.

Paying Only Straight Time and No Overtime. If you receive only straight time (same hourly rate) for the hours you work over 40 in a week, you are not being paid overtime. You should be receiving 1.5 times more for your overtime hours.

Receiving “Comp” Time Instead of Overtime. If you are work for a private, non-government oilfield company, your employer cannot pay you “comp” time instead of overtime.

Paying Overtime Incorrectly. All wages, including non-discretionary day or weekly bonuses, must be included when your employer calculates your overtime. Oilfield employers commonly fail to include bonuses in determining your overtime rates to commit oilfield wage theft.

Manager Misclassification aka Calling You a Manager to Cheat You from Overtime. Employers also call people “managers” or “supervisors” to avoid paying overtime. This does not change the fact that many alleged “managers” or “supervisors” are non-exempt employees due overtime under federal law. If you spend the majority of your time on something else than supervising employees, your employer has likely misclassified you to get out of paying overtime.

Not Paying for On-Call or Standby Time. If your employer forces you to be on “standby” and you cannot do anything else during your standby time, your oilfield employer should be paying you wages and overtime for that time.

“Off-the-Clock” Work. If you are asked not to record all of your hours or are asked to clock out before completing work, your employer is violating your overtime rights. You should be paid for all the time in which your employer suffers or permits you to work. Your employer may not just turn their back to this work in order to avoid payments.

Forced Work During Rest & Meal Breaks. When your rest or meal break is not totally uninterrupted, your employer must compensate you for it. Period.

Non-Payment of Travel Time Other than Work Commutes. Your employer does not have to pay you for the time your spend commuting between home and work. However, if you are required to travel overnight or between work sites during your shift, you should be compensated for your time.

Mr. Siegel invites you to visit his law firm’s website at www.4overtimelawyer.com for more information about oilfield overtime violations and lawsuits.

27
Jun

ALTERNATIVE DISPUTE RESOLUTION & MEDIATION & BASIC COUNSELING

Created with http://www.mp32tube.comALTERNATIVE DISPUTE RESOLUTION & MEDIATION & BASIC COUNSELING SKILLS — Nobyembre 16, 17 & 18, 2011
Nagtataong guiya sa mga partisipante na masabutan ninda ang natura kan komplikto, mga pinupunan kaiini asin mapaurog pa ang saindang kakayahan na mairesolb

22
Jun

Resolution Through Mediation: Solving a Complex International Business Problem

Discover the value of resolving trademark conflicts through mediation with this 40-minute informative video demonstrating a mock mediation session.

Dealing with a business dispute between a Russian distillery and an American manufacturer and distributor of alcoholic products, the video reviews how two parties are able to use a mediator to settle their differences. Allegations of unfair trade practices, trademark and trade dress infringements and bad faith pirating dominate the dispute.

18
Jun

Mediation Dispute Resolution – Kyle Steadman, Foulston Siefkin Law Firm, Wichita, Kansas Office

Mr. Steadman is the practice group leader for the firm’s general litigation group. Mr. Steadman is a trial lawyer with experience in a broad range of commercial and complex litigation. Mr. Steadman also handles product liability cases, construction cases, business cases, insurance defense matters, oil and gas litigation and probate litigation. Mr. Steadman’s practice also includes defense of professional negligence claims involving medical malpractice in state and federal courts. Mr. Steadman is routinely retained to serve as a mediator in medical malpractice and personal injury cases. At Foulston Siefkin, we work with businesses and individuals who prefer to settle disputes sooner rather than later, with the least expense and disruption to their businesses and lives.

Mediation is a confidential and consensual process of negotiation in which a neutral third party (the mediator) meets with disputing parties and attempts to help them reach an agreement that either resolves their differences completely or that allows them to protect their respective interests in spite of their differences. Foulston Siefkin attorneys have extensive experience in the Mediation and Dispute Resolution process and the skill to recognize which cases merit litigation and which are more suitable for mediation. Our litigators routinely serve as our clients’ advocate before mediators in privately initiated, pre-litigation mediations and in mediations which have been ordered by the court. Lawyers in our group have also served as the neutral party in disputes between parties we do not represent.

Arbitration involves a hearing before one or more non-judges that results in a binding decision which may be judicially enforced. Less formal than court proceedings, arbitration is often quicker and more cost effective. Our lawyers have represented clients in arbitration in a wide variety of matters including business transactions and business torts, commercial disputes, employment controversies, insurance disputes, personal injury cases, securities disputes, aviation matters, computer law disputes, construction projects, and e-commerce matters.

14
Jun

Online dispute resolution: Managing Mediation Online

Free webinar hosted by the TCM Group and The PMA on 9th May 2016

10
Jun

what is mediation?

Hello and shalom, my name is David silvera.
I am an Israeli born, I was born here and therefore you may say I am a sabra or in English a kaktus which is sweet from the inside.
I am a mediator a mentor of mediation and negotiation and conflicts resolutions, I am in my work like a sabra, the kaktus, I’m striving to discover the hidden, the inside of every person and every conflict.
We say in mediation that the outside or the open statement of people in every conflict is called position, but mediators should go deeper to discover the inside hidden interest. Even mediator can find answers to the interests, the position will be no longer important.
I am the director of “silpar” Israel LTD the mediation center and adult education training accredited by the Israeli courts, an academic director of “drahim” an English pathway a school for conflict resolutions and founder and editor of “sulha”, the Israeli mediation website. “Sulha” is an Arabic word used also in Hebrew meaning for conciliations.
If you study mediation you will learn how to settle dispute effectively, in days rather than months, save vital management time, edit value to commercial disputes by finding commercial solutions to commercials problems.
Manage mediation process and facilitate advanced negotiations, advice others on the features and uses of other affective disputes solutions technics transform the way you communicate, from confrontation to collaboration.
By the way just to remind you what is mediation: mediation is a non-binding, private dispute resolution process in which a neutral person, the mediator helps the parties to reach a negotiation settlement.
Mediation is a volunteer in the sense that in the vast majority of cases it takes place as a result of the parties consent to enter the mediation process.
Mediation is not bonding until an agreement is reached; entering the process itself does not bind them to settlement. Mediation is private but is supported by the court in Israel conducted without prodigies, and it is usually with absolute confidence.
The mediator is a neutral person who assists the parties in the negotiations; the purpose of mediation is to help disputed parties to move from a state of conflict to the state of collaboration as I have mentioned before; to have a dialog and not to have a fight.
A mediation process consists of ten stages, there are some mediators who have more stages, but the ten stages are usually accepted:
The first one is the case the preparation, the second one is when the parties come to the mediation room and the mediator gives the opening statement explaining the process of mediation, explaining everything is confidential, explaining the there are different kind of meetings — common meetings with all parties and separate meetings with each part. After that the mediator should discover that are the subjects that he heard from the point of view of the positions of the parties, in the private meeting he tries to identify the hidden interest what is more important to each one of the parties and then he tries to give solutions, tries to give answers to the interests, and the answers would be the basis of the future agreement.
Usually the mediator tries to be creative and work with the parties having a think tank, thinking about the solution, a good mediator would try to get a solution from the parties and not from himself, of course he can assist and he can help. If the parties reached a basic solution than the mediator can write a document with the main points of agreement and then write an agreement which is of course much better than going to court, such an agreement can have a verdict by the court.
Well this is the process it’s a very good process, a very pleasant process. I recommend you all come and mediate.
Thank you very much; here is David silvera from Israel the sabres; as we said sweet from inside.
Bye, shalom!

מהו גישור – מאת: ד”ר דוד סילורה, מגשר ( גם מגשר מהו”ת) ומנכ”ל סילפר (ישראל) בע”מ – מרכז לגישור והדרכת מבוגרים ועורך סולחה -פורטל הגישור הישראלי www.silpar.co.il טלפון למידע 03-6497544 מקבל גישורים פרטיים ובאמצעות מערכת בתי המשפט.

2
Jun

Center for Conflict Resolution – Overview of Mediation Services

This video describes the mediation services offered by the Center for Conflict Resolution (CCR), and highlights the story of clients who used CCR’s services to resolve a parenting dispute. Also included is commentary from judges who refer cases to CCR, CCR volunteers, Board and staff members.

29
May

Mediation Brisbane – Effective Dispute Resolution System

http://charltonedwards.com/mediation-brisbane/

Mediation Brisbane – Designing an effective dispute resolution system is important for managing conflict within your organization.

For further info on this matter, click on the link above.

25
May

Conflict resolution / Mediation – Mel and Alex

Mediation role play
Mediator – Jon
Alex – Cindy
Mel- Manda
Recorded by Ric