When an employment class action is filed, it’s common for the motion for class certification to ask the court to include “all similarly-situated employees,” but a federal Texas judge recently refused to include employees in “similar positions” in a recent misclassification lawsuit against Anderson Perforating Services. Judge Henry J. Bemporad said the inclusion of current and former employees in “similar positions” was too broad, and therefore could not be included in the proposed class.
The class action wage and hour lawsuit was filed by Justin B., who worked for three months in early 2014 as an engineer at Anderson’s various oilfield well sites all over Texas. According to the overtime lawsuit, Justin and other engineers worked between 80 and 110 hours each week, but because they were classified as exempt from overtime, they were never paid for more than half the hours they allegedly spent working for Anderson.
The federal Fair Labor Standards Act (FLSA) defines overtime as any time spent working after eight hours a day or forty hours a week. It also requires employers to pay all their workers a higher wage (one and one-half times their normal hourly wage) for all the overtime they spend working. The FLSA does allow certain classes of employees to be held exempt from the requirement for overtime compensation, but it is very specific about the kinds of employees who qualify for this exemption. Continue reading