North Dakota Oilfield — Truck Drivers Paid Per Load With No Overtime
Bell Energy Services, LLC and Dakota Petroleum Services, LLC | Oilfield Truck Drivers | North Dakota
Buenker Law filed a federal lawsuit against Bell Energy Services, LLC and Dakota Petroleum Services, LLC on behalf of oilfield truck drivers in North Dakota who were paid on a per-load basis and denied overtime compensation. The plaintiff hauled production water and fresh water to and from oil well sites in the North Dakota oil fields, typically working six nights per week for twelve hours each night — more than 72 hours per week. For all of that time, he was paid the same per-load rate regardless of whether the hours fell within or beyond the 40-hour overtime threshold.
Even when workers are paid on a piece-rate or per-load basis rather than an hourly rate, the FLSA still requires that they receive an overtime premium for hours worked beyond 40 in a workweek. The formula is different from a traditional overtime calculation, but the obligation exists. Under-compensating drivers by paying the same per-load rate for all hours — including overtime hours — violates the FLSA’s requirement that overtime be paid at no less than one-and-a-half times the "regular rate of pay." The two defendant companies share the same registered agent and appear to operate under common ownership and control, which makes both jointly responsible for the wage violations.
The lawsuit was filed as both a federal FLSA collective action and a class action under North Dakota state wage law, and has attracted more than 30 opt-in plaintiffs who have joined the case. It is pending in federal court in North Dakota.
Workers in similar situations may have legal rights under the FLSA and applicable state wage laws. Federal and state claims carry separate statutes of limitations. Time limits apply.
