Buchanan Oilfield Services, LLC and AFO Boss, LLC

Case Information:

This is a Fair Labor Standards Act (FLSA) case brought by Emmanuel Mendoza, a former hourly operator for AFO Boss, LLC and Buchanan Oilfield Services, LLC. (“Defendants”).  The lawsuit claims that Defendants refused to pay all overtime due to their operators.   Specifically, most employees, including Mr. Mendoza, worked one week on, and one week off.  During the week they worked, they would typically work 84 hours. The complaint alleges that instead of paying their employees for 44 hours of overtime during the week they worked, Defendants treated all hours as having been worked over the course of two weeks, in an attempt to minimize/eliminate their obligation to pay overtime premiums. For example, if an operator worked 84 hours in one week, Defendants would allocate 40 regular hours to week one and 40 regular hours to week two, and then pay their employees an overtime premium on the remaining 4 hours.  This scheme is in violation of the FLSA.

Mr. Mendoza also claims that Defendants improperly tried to coerce its employees into waiving their claims for overtime pay by withholding vital information from them.  The  presiding Judge in this matter agreed that a corrective notice could be sent out addressing this behavior on behalf of Defendants.

The lawsuit requests lost wages liquidated (double) damages, injunctive relief, and attorneys’ fees.

You can read the Complaint hereConsents to join the case must be returned by November 2, 2019.

Status Updates

August 12, 2019 - Court Orders Conditional Class Certification

Today, the Court granted Plaintiff’s Motion for Conditional Class Certification.   You can read the Order here.  The Court ordered that notice be sent by mail, e-mail, social media, text message, and website posting.

December 10, 2018 - Complaint filed

You can read the Complaint here.