HOUSTON — A drill site manager is suing Occidental Petroleum, alleging violation of workers compensation acts in failure to pay overtime.
Abner Robert Simmons, 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 Occidental Petroleum Corporation, alleging violation of the Fair Labor Standards Act.
According to the complaint, during Simmons' employment with Occidental, from October 2011 until December 2014, he regularly worked more than 40 hours each week without receiving overtime for his extra hours.
The plaintiff alleges Occidental improperly classified him and those similarly situated as independent contractors and paid them a daily rate with no overtime compensation.
Simmons seeks trial by jury, an order designating this case as a collective action, unpaid back wages, attorney fees, costs and pre- and post-judgment interest, plus all other necessary 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-03300