A former pipeline inspector alleges in a proposed collective and class action that Spectra Energy Operating Company, LLC misclassified him as an independent contractor exempt from overtime wages.
According to the complaint, the plaintiff primarily worked out of Courtland Manor, New York, where he regularly clocked over 40 hours—and often over 70 hours—each week without receiving a time-and-a-half premium for his overtime work. Rather, the man was allegedly paid a fixed day rate no matter how many hours he put in each day or week. The suit argues that the inspector should have been designated as an employee under federal labor law, as the defendant controlled the man’s wages, schedule, work procedures and “all other duties generally associated with that of an employer.”
The lawsuit, which was originally filed in New York in September 2016, has been recently transferred to federal court in Texas.