Law Office of Chris R. Miltenberger, PLLC


WellBoss/Downhole Technology Overtime Lawsuit




Well Site Preformance Advisors Salary and Day Rate Investigation



Are you paid a salary and day rate with no overtime?

You may be eligible to join Carlos Esquivel in seeking unpaid overtime damages.

36 others have joined as of March 30.



On February 11, 2020 Carlos Esquivel, a former Well Site Performance Advisor, filed a lawsuit in the United States District Court for the Western District of Texas. He claims that Well Site Performance Advisors paid on a salary and day rate were improperly denied overtime.


The lawsuit seeks overtime for the at least 84 hours per week worked by the Advisors. The lawsuit alleges that 44 of those hours should have been paid at the overtime rate.


Mr. Esquivel seeks approximately $2,000 per week in unpaid overtime wages.


The lawsuit has been filed as a collective action meaning other Well Site Performance Advisors may be able to participate by filing a consent to join form.


Contact me at chris@crmlawpractice.com if you have any information about the duties and pay structure of the Well Site Performance Advisors or if you are interested in determining how you can help.



This is the lawsuit that was filed.



If successful, employees may recover up to 2X the amount of unpaid overtime.



Consent to Join





All Well Site Performance Advisors may be eligible to join the lawsuit and seek recovery of your unpaid overtime. In order to do so you must sign a Consent to Join form and have it filed with the court. Upon doing so you will be bound by any determination the Court makes regarding overtime payments.


The Consent to Join form can be sent to you by DocuSign and signed electronically on your phone.


The Court will determine if all wellsite performance advisors can proceed in a single case.



Salary and Day Rate





Even though Well Site Performance Advisors are paid a salary and a day rate, the Fair Labor Standards Act still applies unless there are applicable exemptions. The lawsuit alleges that no exemptions apply and that the Company should be tracking hours and paying overtime.


Misclassification cases and day rate cases are common in overtime litigation.



Statute of Limitations





Statute of Limitations: Employees in federal overtime actions can only recover wages dating at most three years back from the date they file their consent in federal court in an unpaid wage lawsuit.



Overtime for Oilfield Workers



WellBoss/Downhole Technology





The lawsuit seeks recovery for employees that worked for Downhole Technology, renamed WellBoss.



Damages





In overtime cases the amount of unpaid wages sought depends on the rate of pay and the length of time the employee worked for the company. Mr. Esquivel believes his damages are approximately $2,000 per week.



Contingency Fee Representation





Mr. Miltenberger is representing Mr. Esquivel on a contingency fee basis meaning Mr. Esquivel pays nothing unless he wins.



Disclaimers:
1. No motion for conditional certification has been filed and the court has not ruled on whether the case can be certified as a collective action.
2. If you want to pursue a claim for your unpaid overtime you have a right to select counsel of your choosing.
3. You are not required to join this lawsuit.
4. You may bring your own lawsuit.



Plese contact me if you have information that could help the lawsuit


Call us: 817-416-5060
CONTACT US



email me if you have any helpful information Include your phone number in the message








send >



1360 N. White Chapel, Suite 200
Southlake, Texas 76092
817-416-5060



Law Office of Chris R. Miltenberger, PLLC