National Law Firm Baron and Budd files an FLSA violation lawsuit
A lawsuit has been filed against Nabors Drilling USA LP by Baron & Budd, a National Plaintiff’s law firm. It is alleged in the lawsuit that the company, Nabors Drilling USA LP failed to accurately calculate the overtime compensation owed to its drilling rig workers and thereby violated provisions under the Fair Labor Standards Act (FLSA).
The provisions under the FLSA require the company to pay overtime at a rate of not less than one and one-half times of an employee’s regular rate of pay after 40 hours of work in a workweek. The plaintiff in this case worked for the defendant for more than 40 hours in a seven day work week. Plaintiff claims that while calculating the rate of pay, the defendant did not consider or pay any performance based compensation such as overtime wages, retention bonuses and safety bonuses.
It is further alleged that the Defendant Nabors Drilling LP violated the Pennsylvania Minimum Wages Act 1968 and the Pennsylvania Payment and Collection Laws for not including all remuneration required by Pennsylvania state law in calculating the overtime hourly rate and not paying all compensation owed within the deadlines set by state law.
The FLSA is clear in its provisions and requires that not only should a company pay the overtime it owes to its employees but it should also calculate the amount correctly.
In cases like these, FLSA provides that a prevailing employee is rightfully entitled to mandatory legal fees and costs to be paid by the defendant employer. The case has been filed in the U.S. District Court for the Southern District of Texas, Houston Division.