HOUSTON – Two fluid management equipment and solids control companies are alleged to have misclassified solids control consultants as independent contractors.
Paul A. White and James Shaw, individually and on behalf of all others similarly situated, filed a complaint on June 15 in the Houston Division of the Southern District of Texas against KSW Oilfield Rental LLC and Dupre Energy Services LLC alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that they normally worked 84 hour per week for defendants without receiving proper overtime compensation for all hours worked in excess of 40 hours in a single workweek.
The plaintiffs hold KSW Oilfield Rental LLC and Dupre Energy Services LLC responsible because the defendants allegedly treated them as independent contractors and failed to pay them at a rate of time-and-one-half of their regular rate for overtime work.
The plaintiffs request a trial by jury and seek an order designating this action as a collective action and appointing plaintiffs and their counsels as representatives, attorneys’ fees, costs, pre- and post-judgment interest and such other and further relief as may be necessary and appropriate. They are represented by Michael A. Josephson and Andrew Dunlap of Josephson Dunlap Law Firm in Houston and Richard J. (Rex) Burch of Bruckner Burch PLLC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-01983