Collective Action Claims National Oilwell Rig Welders Were Not Paid Overtime for Work in Excess of Forty Hours Per Week – Unpaid Overtime Wages Sought
On February 23, 2018, a collective action was filed by Plaintiff Juan Villarreal individually and on behalf of all other similarly situated National Oilwell Varco rig welders to recover unpaid overtime wages from National Oilwell Varco, L.P. and NOV GP Holding, L.P (“National Oilwell Varco”).
The lawsuit, filed in United States District Court, Southern District of Texas, Houston Division, claims National Oilwell Varco violated the Fair Labor Standards Act “‘ . . . by employing Plaintiff and other similarly situated nonexempt employees ‘for a workweek longer than forty hours [but refusing to compensate them] for [their] employment in excess of [forty] hours . . . at a rate not less than one and one-half times the regular rate at which [they are or were] employed.’”
According to the collective action, Plaintiff Villarreal was employed by National Oilwell Varco as a rig welder who regularly worked more than 40 hours per week. The Plaintiff, though, did not receive overtime pay for all hours worked at the minimum wage and for hours worked beyond 40 at a rate of time and one-half as required by federal law. Additionally, it is alleged that National Oilwell Varco should have known that the Plaintiff was not exempt from the Fair Labor Standards Act’s overtime provisions.
The lawsuit contends that rig welders employed by National Oilwell Varco are similarly situated to the Plaintiff, because rig welders have similar job duties, regularly work in excess of forty hours per week, and are not paid overtime for the hours rig welders worked in excess of forty per week as required by 29 U.S.C. § 207(a)(1) and (4) are entitled to recover their unpaid overtime wages, liquidated damages and attorneys’ fees and costs from National Oilwell Varco pursuant to 29 U.S.C. § 216(b).
If you served as a rig welder for National Oilwell Varco, you may have legal rights and options under federal and state wage laws. If you wish to discuss your potential legal options and claims, please contact Michael K. Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or e-mail [email protected].