Federal Court Awards Nearly $4 Million in Unpaid Overtime Wage Damages to Group of Current and Former Oilfield Employees

DALLAS (May 12, 2015) – The national law firm of Baron & Budd reports it has won a favorable ruling in a case involving plaintiffs who filed suit against Native Oilfield Services, LLC and the company’s president, Mr. John Barclay. On May 8, 2015, United States District Judge Jane J. Boyle ordered that Native Oilfield and Mr. Barclay owes the group of plaintiffs – which include current and former oilfield fracking operations truck drivers – more than $3.7 million in damages for violations of the federal Fair Labor Standards Act (FLSA). This order follows a Federal Jury’s August 2014 verdict that Native Oilfield Services and Mr. Barclay willfully violated the FLSA’s overtime wage provisions and awarded the approximate 104 truck driver class members 18 unpaid overtime hours per week over a several year period of time. The case was pending before the U.S. District Court, Northern District of Texas. (In Re: Case No. 3:11-cv-02388-B).

The plaintiffs in the case filed a class action lawsuit against Native Oilfield, alleging that the company violated the FLSA by not compensating them with the proper amount of overtime pay. The Judge and Jury heard testimony that plaintiffs were not paid for all hours worked in connection with not being allowed to clock in for pay purposes when they reported to work at their scheduled start time, or were not paid for waiting time at oilfield wellsites when they were required to wait with their trucks and equipment. Under the FLSA, all non-exempt employees are to be paid overtime wages when they work more than 40 hours per workweek. This has been the law for over 70 years.

Damages awarded by Judge Boyle totaling $3,728,613 are itemized as follows:

  • $1,673,145 in unpaid overtime wages;
  • $1,673,145 in liquidated damages;
  • $371,759.59 in attorneys’ fees;
  • $10,564.32 in costs; and
  • post-judgment interest in an amount to be determined.

“We are extremely pleased that the Jury and the Federal Judge in this case fairly and accurately reviewed the facts and applied the law in ordering relief for our clients,” said Allen Vaught, manager of the Employment Law Section of the national law firm of Baron & Budd. “Our attorneys will continue to fight for the rights of workers who are being treated unfairly by their employers.”

If you are a current or former employee of a company and have reason to believe you were not paid the proper amount for the hours you worked, please contact the national law firm of Baron & Budd. We will let you know if you may have grounds to take legal action. Call 866-495-1255 or contact us online to schedule a consultation.

About Baron & Budd, P.C.

The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a nearly 40-year history of “Protecting What’s Right” for people, communities and businesses harmed by negligence. Baron & Budd’s size and resources enable the firm to take on large and complex cases. The firm represents individuals and government and business entities in areas as diverse as dangerous pharmaceuticals and medical devices, environmental contamination, the Gulf oil spill, financial fraud, overtime violations, deceptive advertising, automotive defects, trucking accidents, nursing home abuse, and asbestos-related illnesses such as mesothelioma.