Case at a glance

• Court: U.S. District Court for the District of New Mexico
• Case: Key v. Butch’s Rat Hole & Anchor Service, Inc., No. 2:17-cv-01171-RB-KRS (court opinions)
• Judge: Robert C. Brack
• Workers: 160 oilfield workers in a New Mexico class
• Claims: Unpaid overtime under the New Mexico Minimum Wage Act
• Result: The court found the class settlement fair, reasonable and adequate; no class member objected (Doc. 106, Feb. 15, 2022). The amount is confidential.
• Our role: The court approved Jack Siegel as class counsel²

Part of our oilfield overtime cases →

Butch’s Rat Hole oilfield workers: class settlement approved

The workers alleged that Butch’s Rat Hole & Anchor Service did not pay them the overtime premium the New Mexico Minimum Wage Act requires for hours over 40. The company contended that it properly paid class members on a piece-rate basis.¹

Notice went to 160 class members. No objections were received. On February 15, 2022, Senior Judge Robert C. Brack found the proposed settlement fair, reasonable and adequate and approved the incentive award to the named plaintiff.¹

The legal issue

Piece-rate pay does not cancel overtime. Under federal law, a worker paid by the piece is still owed half the regular rate for each hour over 40, and the regular rate is figured from all piece-rate earnings for the week. 29 C.F.R. § 778.111(a). The New Mexico Minimum Wage Act has its own overtime requirement for hours over 40.

Frequently Asked Questions

How much was the Butch’s Rat Hole settlement?

The amount is confidential.

What did the workers claim?

That they worked more than 40 hours in a week without the overtime premium New Mexico law requires.

Are oilfield workers entitled to overtime in New Mexico?

Often, yes. Day rates, piece rates and salaries do not by themselves make a field worker exempt. It depends on the job and the pay plan.

Did you do this job somewhere else? Tell us about it.

If you did this kind of work for another employer and weren't paid overtime for hours over 40, tell us your job title, your employer and the state you worked in. We'll tell you plainly whether we think you have a case. Federal law makes it illegal to retaliate against you for asking.

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About Siegel Law Group

Siegel Law Group PLLC concentrates in unpaid overtime cases under the FLSA and state wage laws. The firm has filed more than 100 federal overtime cases, obtained more than 50 class and collective certifications, and recovered more than $100 million for workers. Free consultation. Contingency fee: we advance case costs, and they are repaid from any recovery. No recovery, no fee and no costs. Phone: (214) 790-4454 | Email: [email protected]

These are results in other people's cases. Every case depends on its own facts and law. Prior results do not guarantee a similar outcome. This website contains attorney advertising.

Attorney responsible: Jack L. Siegel, Siegel Law Group PLLC, 11341 W. US Hwy 290, Bldg. 2, Austin, TX 78737. Licensed in Texas.

Notes

1. Key v. Butch’s Rat Hole & Anchor Serv., Inc., No. 2:17-cv-01171, Doc. 106 (D.N.M. Feb. 15, 2022) (memorandum opinion and interim order) (finding the proposed settlement and incentive award "fair, reasonable, and adequate"; notice mailed to 160 putative class members; "No objections were received").
2. Declaration of Jack Siegel ¶ 13(d), filed in Weeks v. Matrix Absence Mgmt., No. 2:20-cv-00884 (D. Ariz. July 6, 2022) (listing Key among cases in which Jack Siegel was approved as class counsel).