Working Long Hours in Oil & Gas? You Might Be Owed Overtime

The oil and gas industry is one of the most demanding and hazardous sectors in the country. From working long hours on remote drilling rigs to navigating the complexities of hydraulic fracturing and pipeline construction, oil and gas workers face extreme conditions every day. 

Despite their dedication and sacrifice, many are unfairly denied the overtime pay they are legally entitled to.

At Morgan & Morgan, we fight For the People, not powerful oil and gas companies that seek to cut corners at the expense of workers’ rights. 

If you’re an oil or gas worker who suspects you’ve been denied proper overtime pay, our experienced wage and hour attorneys are ready to help you pursue justice and recover the compensation you deserve. Contact us today for a free case evaluation to learn more about your legal options.

Overtime Rights in the Oil & Gas Industry

The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, and other labor standards. Under the FLSA, non-exempt employees are entitled to time-and-a-half pay for any hours worked over 40 in a workweek. 

However, in the oil and gas industry, employers often misclassify workers or rely on shady pay structures to avoid paying proper overtime.

Common Violations of Overtime Laws

Oil and gas employers may engage in a number of tactics to unlawfully deny overtime pay:

• Misclassifying workers as independent contractors to avoid paying overtime and benefits.
• Exempting workers from overtime by inaccurately labeling them as “exempt” from the FLSA.
• Paying a day rate or salary without additional pay for hours worked beyond 40 per week.
• Requiring off-the-clock work, such as safety meetings or travel between job sites, without proper compensation.
• Failing to include bonuses or per diem payments in the calculation of overtime pay.

These practices are often illegal. The FLSA exists to protect workers from exploitation, and our legal team is here to ensure those protections are enforced.

Who Is Affected by Oil and Gas Wage Violations?

The oil and gas industry includes a wide range of roles, many of which are susceptible to wage violations. You may be owed overtime pay if you work in positions such as:

• Drillers and Derrick Hands
• Roughnecks and Roustabouts
• Toolpushers and Floorhands
• Mud Loggers
• Pipeline Workers
• Welders
• Mechanics
• Field Technicians
• Frac Hands
• Safety Consultants
• Inspectors and Wireline Operators

Even salaried or contract workers may still be legally entitled to overtime, depending on their job duties and how they’re paid. Just because your employer says you're exempt doesn’t mean it’s true. That’s where we come in.

Misclassification: The Most Common Trick in the Book

One of the most widespread forms of wage theft in the oil and gas sector is employee misclassification. Employers may label someone as an independent contractor or exempt employee when, under the law, they should be classified as a non-exempt hourly worker eligible for overtime.

For example, many oilfield service companies treat field engineers, safety consultants, and inspectors as independent contractors, even though they work under direct supervision, follow company schedules, and use company equipment. In reality, these workers function like employees and should receive overtime pay.

Our lawyers have successfully helped oil and gas workers fight back against misclassification, recovering millions of dollars in unpaid wages and penalties. If you’ve been told you’re not eligible for overtime, don’t take your employer’s word for it. We’ll review your situation at no cost and let you know where you stand.

What Is a Day Rate? Why Can It Be Unlawful?

Another common scheme involves the day rate pay system, where employees are paid a flat rate for each day worked, regardless of how many hours they put in.

While day rate pay is not automatically illegal, the FLSA still requires overtime pay for hours over 40 in a week unless the worker is properly classified as exempt. If you’re working 12-hour shifts six days a week for a day rate with no overtime, chances are your employer is violating the law.

In recent years, courts have sided with oil and gas workers in numerous lawsuits involving illegal day rate practices. The key question is whether your duties qualify you for exemption under the FLSA. Our attorneys have extensive experience evaluating these cases and know exactly what to look for.

Travel, Waiting, and Off-the-Clock Work

The nature of oilfield work often involves travel to remote locations, time spent on standby, safety briefings, and other job-related activities outside regular hours. In many cases, this time should be compensated, but employers routinely ignore it.

Examples of compensable time include:

• Traveling between job sites during the workday
• Attending mandatory safety or pre-shift meetings
• Completing paperwork or job logs after hours
• Waiting on equipment or personnel at the site
• Being on call and unable to use time freely

If you’re putting in hours that your paycheck doesn’t reflect, you could have a strong case for unpaid wages.

What Compensation Can I Recover?

If your employer violated the FLSA, you may be entitled to:

• Unpaid overtime wages
• An equal amount in liquidated damages
• Interest and penalties
• Attorney’s fees and court costs
• Protection from retaliation

For example, if your employer owes you $10,000 in overtime, you could recover up to $20,000 with the added damages provided under the law.

How Can Morgan & Morgan Help?

As America’s largest personal injury law firm, Morgan & Morgan has the resources and experience to take on the biggest energy companies in the country. Our wage and hour team is staffed with skilled attorneys who focus specifically on FLSA violations and employment law. 

We’re not intimidated by powerful corporations or high-priced legal teams. We’ve gone toe-to-toe with Fortune 500 companies and won.

The FLSA includes a statute of limitations that limits how far back you can claim unpaid wages, usually two years, or three years if the violation was willful. That means every week you wait could be money lost forever.

If you suspect something isn’t right with your pay, don’t delay. A quick consultation with one of our lawyers could mean the difference between a dismissed claim and a successful recovery.

When you reach out to Morgan & Morgan, our process is simple and stress-free:

• Free case evaluation: We’ll review your employment history, job duties, pay structure, and any documentation you have.
• Legal assessment: If we believe you have a case, we’ll explain your rights and what to expect.
• Contingency representation: You pay nothing unless we win or settle your case.
• Aggressive representation: We’ll handle negotiations or litigation, keeping you informed every step of the way.

You don’t need to go it alone. With Morgan & Morgan by your side, you’ll have one of the most powerful teams in labor law fighting for you.

If you work in the oil and gas industry and suspect that your employer has denied you rightful overtime pay, now is the time to act. The law is on your side, and so are we.

At Morgan & Morgan, we’ve recovered billions for workers nationwide, including those in the toughest and most dangerous jobs. Let us help you stand up to wage theft and get the compensation you’ve earned.

Contact us today for a free, confidential case evaluation. There’s no risk and no fee unless we win.