Oil & Gas Workers
Here is a simple example:
Imagine a worker at a manufacturing company in West Texas makes $30.00 per hour. In a specific workweek, he puts in 50 total hours. Under the FLSA, the first 40 hours would be paid at straight-time wages ($30.00) and the remaining ten would be paid at the overtime rate of 1.5x ($45.00). The worker would earn $1,200 in straight pay for the week before taxes and deductions, and an additional $450 in overtime pay.
We Fight for Fair Pay for Oilfield Workers in Texas and New Mexico
At Bustos Law Firm, P.C., our overtime wage and hour lawyers for oil and gas workers are experienced, results-focused advocates for workers. Oilfield jobs require long hours, physically demanding labor, and time away from home. Employees in this industry keep energy production moving across Texas and New Mexico. You earned your wages, including overtime. If your employer failed to pay you properly, that may be a violation of federal law.
Call 806-696-8285 to connect for a free consultation with an Oil and Gas Workers Overtime Lawyer today!
Overtime Laws Protect Oilfield Workers
Overtime pay in the oil and gas industry is governed primarily by the Fair Labor Standards Act, commonly known as the FLSA. Under federal law, non-exempt employees must receive overtime compensation at one and one-half times their regular rate of pay for all hours worked beyond 40 in a workweek.
Texas does not have an independent overtime statute. Instead, federal law controls overtime claims in the state. New Mexico largely follows the same federal framework through its Minimum Wage Act at N.M. Stat. Ann. § 50-4-22(D), though state law may apply more broadly in some situations.
A central issue in many oilfield overtime claims is classification. Employers must prove that a worker qualifies for an exemption by meeting both the salary basis test and the duties test. If those requirements are not satisfied, overtime must be paid.
Call 806-696-8285 to connect for a free consultation with an Oil and Gas Workers Overtime Lawyer today!
Why Overtime Violations Are Common in the Oil and Gas Industry
Oilfield workers often put in extensive hours, sometimes exceeding 70 or 80 hours in a single week. Despite that, employers may use pay structures that do not comply with the law.
Common violations include:
- Paying a flat day rate without additional overtime compensation
- Misclassifying workers as independent contractors
- Treating manual labor employees as exempt
- Failing to count all hours worked, including travel or standby time
In most cases, oilfield workers such as rig hands, operators, and field technicians are non-exempt employees. That means they are entitled to overtime pay under the FLSA.
Call 806-696-8285 to connect for a free consultation with an Oil and Gas Workers Overtime Lawyer today!
Day Rate Pay Does Not Eliminate Overtime
Many oil and gas workers are paid using a day-rate system. While this is common across the industry, it does not remove the obligation to pay overtime. To avoid paying overtime, an employer must prove that the worker is properly classified as exempt under federal law. That includes meeting strict salary and duties requirements. If those standards are not met, overtime wages must still be calculated and paid based on total hours worked.
Call 806-696-8285 to connect for a free consultation with an Oil and Gas Workers Overtime Lawyer today!
Compensation for Unpaid Overtime
Workers who are denied overtime wages may be entitled to significant financial recovery. Federal law provides strong remedies to ensure employers are held accountable. Potential compensation includes:
- Unpaid overtime wages for all hours worked over 40 in a workweek
- Liquidated damages equal to the unpaid wages, which can double the recovery
- Attorneys’ fees and litigation costs under 29 U.S.C. § 216(b)
These remedies are designed to ensure that workers receive the full value of the wages they earned.
Oilfield Work Across Texas and New Mexico
The Permian Basin is one of the most active oil-producing regions in the country. It spans West Texas and southeastern New Mexico, including cities such as Midland, Odessa, and Hobbs. Workers in this region often travel between job sites and may perform work in more than one state during a pay period.
Because of this, oilfield overtime claims may involve both federal law and state-specific considerations. Employers must comply with the FLSA as well as any applicable provisions under New Mexico law.
Call 806-696-8285 to connect for a free consultation with an Oil and Gas Workers Overtime Lawyer today!
Contact Our Oil & Gas Overtime Lawyer Today
At Bustos Law Firm, P.C., our oil and gas overtime lawyers are committed to protecting workers in Texas and New Mexico. If your employer failed to pay you the full overtime wages that you earned, you have the right to take action. Call 806-696-8285 or contact us online to schedule a free, confidential consultation with our oil and gas wage and hour lawyers.
Call 806-696-8285 to connect for a free consultation with an Oil and Gas Workers Overtime Lawyer today!
Reach out today!
At Bustos Law Firm, P.C., we represent clients in West Texas and New Mexico in employment law matters.
Frequently Asked Questions for an Oil and Gas Overtime Lawyer
Do oilfield workers qualify for overtime pay?
Yes. Most oilfield workers are non-exempt employees and must be paid overtime for hours worked beyond 40 in a workweek under the FLSA.
Does being paid a day rate or salary mean I do not get overtime?
No. A day rate or salary does not automatically make a worker exempt. Employers must meet strict legal criteria to deny overtime pay.
What is the statute of limitations for unpaid overtime claims?
In most cases, workers can recover unpaid overtime for up to two years. For willful violations, the recovery period may extend to three years.
Can I bring a claim if I no longer work for the company?
Yes. Former employees can still pursue unpaid overtime claims for past violations.
Can multiple workers file a claim together?
Yes. Employees who were affected by the same unlawful pay practices may file a collective action under 29 U.S.C. § 216(b).
