Sheppard v. Weatherford International, LLC
Plaintiff Mitch Sheppard filed a class action and collective action complaint against Weatherford International, LLC f/k/a Weatherford International, Inc. (“Weatherford”) and Precision Energy Services, Inc. (“Precision”) (collectively, “Defendants”) in the United States District Court for the District of Colorado.
The lawsuit alleged that Defendants improperly compensated employees by paying a salary plus day rate (also known as a “field bonus”), without regard for the actual hours worked by employees, in violation of the Fair Labor Standards Act (“FLSA”) and state laws.
According to the complaint, the FLSA requires that employees must be compensated for all hours worked over 40 in a week at a rate not less than one and one-half times the employee’s regular rate. A lump sum payment paid for work performed during overtime hours that does not take into account the number of hours the employee works does not qualify as an overtime premium, even though the amount of money may be equal to or greater than the sum owed on a per hour basis. Plaintiff’s claims sought back pay (all unpaid overtime wages), plus liquidated double damages, reasonable attorneys’ fees and court costs.
For questions about the case against Weatherford and Precision or to join this lawsuit, please contact Alexandra Koropey Piazza at (215) 875-3063. Further information is set forth below.
ARE YOU ELIGIBLE TO PARTICIPATE IN THIS LAWSUIT?
You may be eligible to join this lawsuit if you are a current or former employee of Weatherford and/or Precision and were paid a salary plus day rate, at any time in the past three years.
All class members should be aware that under federal law there is a limited time period in which plaintiffs are permitted to file a claim. This is called the statute of limitations. All claims are subject to this limitations period. While not definitively settled, an FLSA claim will likely be measured from the date that a plaintiff files an opt-in consent form. The statute of limitations for an FLSA claim generally is a minimum of two years and a maximum of three years from the date the opt-in consent form is filed with the court. This means that the time period for your FLSA claim will begin either two or three years prior to the date you opt in to an active lawsuit. Thus, if you believe you have a claim against Weatherford and/or Precision under the FLSA, you should contact us as soon as possible.
DO YOU HAVE TO PAY ANY FEES TO THE ATTORNEYS?
Our law firm is handling this case on a contingent fee basis. This means that we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. Therefore, you do not have to pay anything to our law firm in order to join the lawsuit.
HOW DO YOU PROVE YOUR CLAIM FOR UNPAID WAGES AND OVERTIME?
Where the employer does not keep accurate time records, the law permits employees to make a good faith estimate of their overtime or hours worked. Where the employer keeps accurate time records, those records may be used.