Allis-Chalmers / Archer Tubular Services Overtime Case

Posted on March 15, 2012 by Eric Rodrigue

ALLIS-CHALMERS / ARCHER TUBULAR SERVICES
OVERTIME CASE INFORMATION

ATTENTION: EMPLOYEES AND INDEPENDENT CONTRACTORS

IMPORTANT DEADLINE: April 17, 2012

YOU MAY BE ENTITLED TO BACK WAGES FOR UP TO 3 YEARS
CALL US TODAY FOR A FREE AND CONFIDENTIAL CONSULTATION
(877) 653-3334 / (361) 653-3300

ALLIS-CHALMERS/ARCHER TUBULAR SERVICES CASE OVERVIEW

 

Sico, White, Hoelscher & Braugh, LLP filed a collective action in federal court on behalf of current and former employees and “independent contractors” to recover overtime wages under the Fair Labor Standards Act.  We contend that Allis-Chalmers Energy, Inc., Allis-Chalmers Tubular Services LLC, Allis-Chalmers Tubular Services, Inc., and/or Archer Tubular Services LLC failed to pay overtime to certain workers who were required to sign an “independent contractor agreement” or were improperly classified as “independent contractors” and who worked in excess of 40 hours per workweek, but often performed the same tasks and functions as “full-time employees” who were paid time-and-a-half.

The Court conditionally certified a nationwide class of all current and former casing floor hands, stabbers, and tong operators who were classified as “independent contractors” by Archer Tubular Services LLC during the time period of November 1, 2008 to the present.  We believe there are workers with different job titles who were also illegally not paid overtime wages, and we will continue to investigate these claims.  If you know any of these people or have worked in different job classifications without overtime pay, please contact us immediately.  Currently, all potential plaintiffs have until April 17, 2012 to file their Notices of Consent to opt in to this litigation.  

FREQUENTLY ASKED QUESTIONS – FAQs

WHY SHOULD I JOIN THE LAWSUIT?

Generally, employers cannot settle an overtime case under the Fair Labor Standards Act with its current or former employees without court approval.  Joining this case by “opting in” is the most practical and efficient way of getting paid for unpaid overtime wages.  Failure to timely submit your “opt in” form will likely result in losing your right to get paid for the overtime you already worked.  Additionally, every day you delay in opting in may result in a loss of overtime wages that are recoverable.

WHY YOU SHOULD HIRE SICO, WHITE, HOELSCHER & BRAUGH, LLP

Our firm, Sico, White, Hoelscher & Braugh LLP, along with attorney John Flood, filed this lawsuit and have already been successful in getting the case conditionally certified as a representative action.  We are on the leading edge of this case, and no other lawyers representing workers have appeared in this case to date.

Workers may fear that they may lose their jobs, or be discriminated against if they join in this case, or may simply not understand how a case like this works and what the benefits and risks are of joining the lawsuit.  We will provide, on a confidential basis, advice and information to any worker who contacts us at no charge for the initial consultation.  We would be honored to assist you in this matter.

We work on a contingency fee basis, meaning that there is no charge to our client unless we make a recovery on your behalf.  Our fees are paid out of the recovery, pursuant to a contingency fee contract.  When you hire us, we take care of ensuring all forms are properly filled out, all deadlines are met, and that the employer provides proper records of your hours worked so that you can get paid for your overtime hours.  We will also keep you updated on the progress of the case, and are available to answer your questions and advise you about your legal rights.

WHAT IS THE FLSA?

Every year, whether deliberately or inadvertently, employers take millions of dollars from hard working employees just like you by not paying required overtime.  In 1938, the United States passed the Fair Labor Standards Act (FLSA).  This law requires that all employees be paid overtime unless they fall under certain narrow exceptions.  Overtime pay is pay at 1.5 times the regular hourly rate of pay.

 

WHAT ARE EMPLOYEES ENTITLED TO?

Most employees are entitled to overtime pay (1.5 times the regular hourly rate) for each hour worked over forty hours in a given workweek.  If an employer breaks the law, the penalty can be quite severe.

An employee can recover lost overtime pay going back a full two years.  If the employer’s actions are willful, then the employee can recover lost overtime pay going back a full three years.  Plus, the FLSA will double the amount owed as a penalty. This is called liquidated damages.  Employees are also entitled to compensation for attorney’s fees and costs associated with the suit.

It is our contention that Allis-Chalmers/Archer Tubular Services knowingly and willfully carried out their illegal pattern of failing to pay its employees the correct amount of overtime.  Accordingly, we contend that employees are entitled to overtime 1.5 times their regular rate of pay, plus liquidated damages (double your overtime pay), attorney’s fees and costs.

HOW DO I JOIN THE LAWSUIT?

The FLSA requires that each plaintiff “opt-in” to the lawsuit by filing a consent form with the court.

You should have received a packet in the mail with a consent form attached.  If you have any questions concerning the consent form, need help filling it out, or did not receive a packet, please do not hesitate to contact our office toll-free at (877) 653-3334 or (361) 653-3300.

HOW LONG DO I HAVE TO JOIN THE LAWSUIT?

The Court has set a deadline of April 17, 2012to opt-in to this lawsuit.  You must complete your consent form and file it with the Court on or before this date.  If not, you will not be entitled to any sort of recovery from this lawsuit.

It is very important that you understand that you are losing money each day that passes and your consent form is not on file with the Court.

Please call us today toll-free at (877) 653-3334 or (361) 653-3300.

WILL I LOSE MY JOB IF I JOIN THE LAWSUIT?

The FLSA prohibits anyone from discriminating or retaliating against you if you choose to take part in this case and Allis-Chalmers/Archer Tubular Services has agreed to abide by the law in this regard.

If you feel like you are being threatened, intimidated, discriminated and/or retaliated against about this lawsuit, please contact our office IMMEDIATELY and we will help.