HOUSTON — A consultant is suing an oil and gas exploration company, alleging violation of workers compensation acts by not paying overtime.
Darvin McAfee, individually and on behalf of all others similarly situated, filed a class action complaint Nov. 8 in the Houston Division of the Southern District of Texas against Pioneer Natural Resources Company, alleging violation of the Fair Labor Standards Act.
According to the complaint, McAfee regularly worked more than 40 hours each week from May-December 2014 for Pioneer Natural Resources, including operating field machinery and equipment maintenance, without receiving overtime pay. The plaintiff alleges the defendant improperly classified him and those similarly situated as independent contractors and paid them a daily rate with no overtime compensation.
McAfee seeks trial by jury, an order declaring this case as class action, a finding the defendant is liable for unpaid back wages, pre- and post-judgment interest, attorney fees and costs of court, plus all appropriate relief. He is represented by attorneys Michael A. Josephson, Andrew W. Dunlap, Jessica M. Bresler and Lindsay R. Itkin of Fibich, Leebron, Copeland, Briggs & Josephson in Houston, and by Richard J. (Rex) Burch of Bruckner Burch PLLC in Houston.
Houston Division of the Southern District of Texas Case number 4:16-cv-03298