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.

21
Jul

Newport CA Alternative Dispute Resolution Attorney Los Angeles Mediation Lawyer California

http://www.whglawfirm.com/ 949-833-8483 Located in California and throughout Asia, WHGC, P.L.C., handles various legal matters through alternative dispute resolution, including mediation and arbitration. Call today for effective legal representation.

17
Jul

Mediation & Conflict Resolution Training – Workplace Mediation Session

This workplace mediation training video demonstrates the mediation process and conflict resolution steps to resolve disputes in the workplace.
www.fightingfair.com.au

14
Jul

Mediation and Conflict Resolution Guidance

Conflict is a natural human experience and a powerful invitation to create safety, trust and intimacy with yourself and others.

When conflict is approached as an opportunity to engage in a creative dialogue and a collaborative resolution process it diffuses the natural human response to make someone else, or yourself, right or wrong.

When the stakes and emotions are high it can be beneficial to include a neutral person who supports the parties to hear one another, feel heard and explore common ground to work together in a cooperative, respectful and productive way.

5
Jul

Find out more about LLM/ MSc Mediation and Conflict Resolution

Join our programme leader, Charlie Irvine to find out more about the LLM/ MSc Mediation and Conflict Resolution

2
Jul

Dispute Resolution Mediation Lecture- Video 1

Created with materials provided by L. Rockman of the University of Ottawa Faculty of Common Law in her course CML 4413D (2015).

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