Thomas v. Allis-Chalmers Energy, Inc. and AirComp, LLC
On November 30, 2010, Plaintiff Floyd W. Thomas, Jr. filed a complaint against Allis-Chalmers Energy, Inc. and Seawell Limited in the United States District Court for the Western District of Pennsylvania. On February 25, 2011, Plaintiff filed a First Amended Complaint against Allis-Chalmers Energy, Inc. and AirComp, LLC. The name and case number of the lawsuit is Thomas v. Allis- Chalmers Energy, Inc and AirComp, LLC, Civil Action No. 2:10-cv-01591-RCM.
The lawsuit alleged that Defendants paid their daily rate employees, including Operators and those in similarly titled positions, at a daily rate, and that when their daily-rate employees work more than forty (40) hours per week, Defendants do not pay them overtime compensation in violation of the Fair Labor Standards Act (“FLSA”).
Plaintiff’s claim under the FLSA seeks back pay (all unpaid overtime wages) as required by the FLSA, plus liquidated double damages, reasonable attorneys’ fees and court costs. Defendants deny the allegations and deny that they are liable for back pay, liquidated double damages, attorneys’ fees and court costs sought in the lawsuit.
The following documents are available for review:
For questions about this case against Allis-Chalmers and AirComp, please contact Shanon J. Carson at (215) 875-4656 or by email at firstname.lastname@example.org. If you are an employee of Allis-Chalmers or AirComp and would like to opt-in or join the case, please contact Sarah R. Schalman-Bergen at (215) 875-3053. 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 Defendant Allis-Chalmers Energy, Inc. or AirComp, LLC (or its Successor Archer Underbalanced) at any time between August 15, 2008 and the present, who was classified as non-exempt and paid pursuant to a daily rate compensation system, including but not limited to Operators and those in similarly titled positions.
You should not join this lawsuit unless you believe that you worked over forty (40) hours in a workweek at least one time between August 15, 2008 and the present and did not receive overtime compensation in addition to your daily rate for your overtime hours (i.e., over forty hours in a workweek). Please also note that the definition of the class does not include supervisors, although someone who is or was a supervisor now can join the lawsuit with respect to the time that they worked as a daily rate employee before they became a supervisor.
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 Allis-Chalmers or AirComp 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.