Oil Field Work — Day-Rate Contractor Denied Overtime
ConocoPhillips Company | Spudders / Pre-Drilling Workers | Texas Oil Fields
Buenker Law filed a federal lawsuit against ConocoPhillips Company on behalf of a worker who performed specialized pre-drilling work at oil well sites in Texas. The plaintiff worked as a spudder — a worker who performs the initial preparation of a well site before drilling begins. Despite the demanding and highly time-consuming nature of the work, he was paid on a flat day-rate with no overtime premium for the many hours he worked beyond 40 per week.
The facts in this case illustrate the extreme nature of oilfield hours. The plaintiff regularly worked 12 to 18 hours per day, often seven days a week, and at times went as long as nine consecutive weeks without a day off. During all of that time, he received a fixed daily rate that did not change regardless of how many hours he put in. The FLSA requires that workers who are not exempt from overtime receive one-and-a-half times their regular rate of pay for every hour worked over 40 in a workweek. A flat daily rate does not eliminate that obligation.
The lawsuit further alleges that ConocoPhillips used an intermediary payroll company to distance itself from direct employment of the plaintiff — a common industry arrangement that courts have found does not necessarily insulate the controlling company from FLSA liability.
Workers in similar situations may have legal rights under the FLSA. The statute of limitations is generally two years — three years if the employer’s conduct was willful. Time limits apply.
