In this Rocky Mountain Casing Crew overtime lawsuit, the court granted FLSA conditional certification for casing crew workers paid on a piece rate or footage basis without receiving proper overtime pay. This piece rate overtime lawsuit highlights one of the most common pay schemes used to deny oilfield workers their rightful compensation. In McClure v. Rocky Mountain Casing Crew, the Siegel Law Group secured certification for the affected workers. The firm has recovered $100M+ for workers nationwide and concentrates in challenging piece-rate overtime violations in the oil and gas industry.
The court granted conditional certification under the FLSA, finding that the casing crew workers were similarly situated with respect to the employer's pay practices. This authorized notice to be sent to other workers who may have been affected by the same unpaid overtime scheme, allowing them to opt into the collective action.
Piece-rate and footage-based pay systems are common in the casing industry. Workers are paid per joint of casing run, per foot of hole completed, or on similar production-based metrics. While there is nothing inherently wrong with piece-rate compensation, the FLSA still requires employers to pay overtime for all hours worked over 40 in a workweek.
Many oilfield employers mistakenly believe — or deliberately pretend — that piece-rate pay eliminates the overtime obligation. It does not. The regular rate must be calculated by dividing total piece-rate earnings by total hours worked, and then paying the overtime premium (one-half times the regular rate) on top of that for all overtime hours.
Under 29 C.F.R. Section 778.111, when a worker is paid on a piece-rate basis, the regular rate for a particular workweek is calculated by dividing total piece-rate earnings by total hours worked in that workweek. The employer must then pay an additional one-half times this regular rate for each overtime hour. This is known as the "half-time" method for piece-rate workers.
The firm concentrates in overtime lawsuits for oilfield workers paid piece rates, day rates, and other non-hourly compensation methods. These pay structures create unique regular rate calculation issues that require concentrated knowledge of FLSA wage and hour regulations.
If you are a casing crew worker paid per joint, per foot, or on any piece-rate basis — and you work more than 40 hours per week without receiving overtime — you may have a claim under federal and state overtime laws. Your employer cannot avoid overtime obligations simply by using a piece-rate pay structure.
Yes. The FLSA requires overtime for all non-exempt workers who work over 40 hours per week, regardless of how they are paid. For piece-rate workers, the regular rate is calculated by dividing total piece-rate earnings by total hours worked. Overtime is then paid at 1.5 times this rate (or an additional half-time premium) for all hours over 40.
Divide total piece-rate earnings for the workweek by total hours worked. This gives the regular rate. Multiply the regular rate by 1.5 for the overtime rate. The employer owes the overtime rate for every hour worked over 40 in that workweek. If the employer already paid the straight-time piece rate for the overtime hours, it owes an additional half-time premium.
No. Piece-rate pay does not eliminate the employer's obligation to pay overtime under the FLSA. Employers must still track hours worked and pay the overtime premium for all hours over 40, calculated using the piece-rate regular rate formula.
Conditional certification allows similarly situated workers — those paid under the same piece-rate system without proper overtime — to join together in a collective action. Notice is sent to other affected workers, giving them the opportunity to opt in and pursue their own claims.
The FLSA collective action process begins with conditional certification, followed by a notice period for opt-in plaintiffs. After the opt-in period, the employer may move for decertification. If the collective survives, the case proceeds through discovery toward trial or settlement.
The Siegel Law Group is a national overtime and wage law firm devoted entirely to representing workers denied overtime pay. Where many firms include wage cases as a small part of a broader employment practice, the Siegel Law Group has built its entire practice around overtime litigation — and the results reflect that commitment: $100M+ recovered for workers, 50+ class and collective action certifications, and 100+ federal lawsuits filed in 27+ federal courts nationwide. Founding attorney Jack Siegel is a Bloomberg BNA contributing author on wage and hour law.
Free consultation. Contingency fee — no fee unless we win.
Phone: (214) 790-4454 | Email: [email protected]
Past results do not guarantee future outcomes. This website contains attorney advertising.
Search by company or industry to see overtime case activity.
Case information shown is from public court filings and approved settlements. Prior results do not guarantee a similar outcome.
