Anchor Drilling Fluids, USA, LLC and Q’Max America Inc., which operate as an oil and natural gas service company, are defendants in a proposed class and collective action filed by two employees who allege they were misclassified as independent contractors exempt from overtime pay.
The plaintiffs, who claim to have worked at least 84 hours per week as “solids control operators” for the defendants, allege they were compensated on a day-rate basis without additional overtime pay for hours worked in excess of 40 each week.
“Defendants pay their Solids Control Operators performing services as independent contractors or consultants like Plaintiffs a set amount per day, regardless of the number of hours worked,” the lawsuit explains.
The suit argues that the plaintiffs did not meet the proper requirements to be classified as independent contractors and were therefore employees entitled to overtime pay under the Fair Labor Standards Act and Pennsylvania and Ohio labor laws. According to the complaint, the plaintiffs’ classifications were improper because the defendants “controlled all the significant or meaningful aspects” of the plaintiffs’ job duties, hours and locations worked, and policies/procedures.
The plaintiffs seek to recover the time-and-a-half overtime pay they were allegedly deprived of as misclassified workers.