Terra Oilfield Services

Case Information:

This is a nationwide Fair Labor Standards Act (FLSA) and New Mexico Minimum Wage Act (NMMWA) case involving operators and leads for Terra Oilfield Services.  The lawsuit claims that Terra required that its operators and leads work off-the-clock both before and after scheduled shifts. During this alleged off-the-clock work, the class members filled their company vehicle’s gas tanks, filled supplemental gas tanks and fuel cells with diesel and unleaded fuel for the jobsite, drove to and from the job site, and performed work at the jobsite.

The lawsuit requests lost wages, liquidated (double) damages under the FLSA, treble damages under the NMMWA, injunctive relief, and attorneys’ fees. Click here to read the Complaint in this case.

The deadline for class members to return their Consent Forms is February 29, 2020.

Status Updates

December 31, 2019 - Class Counsel Sends out Notice of Lawsuit to Class Members

Today we started sending out the Notice and Consent Forms.  Class members can view the Consent Forms here.  Class Members will have until February 29, 2020 to return their Consent Forms.

December 11, 2019 - Court Approves Conditional Class Certification

On December 11, 2019, the Court approved the parties’ Stipulation of Conditional Class Certification.  You can read the Order here.  The Court approved the Notice and Consent Form and ordered that we send the Notice and Consent Form to all class members.  The Court also approved a Text Message Notice to be delivered to all class members.  We plan to send out notice  as soon as we have the necessary information to do so.  We expect that to happen in approximately two-three weeks.  Any class members interested in joining the case will need to return the Consent Form within sixty days.

November 22, 2019 - Plaintiffs and Terra Agree to Conditional Class Certification

On November 22, 2019, Plaintiffs and Terra filed a joint motion to enter a stipulation of conditional certification.  In the motion, which you can read here, the parties agreed to define the class as “all current and former operators or Supervisor Bs in Terra Oilfield Services, LLC’s
Water Transfer division who were paid by the hour in the three year-period preceding [the date the Court approves notice].”  The parties also agreed that Plaintiffs’ lawyers will send a notice of the lawsuit and a consent to join to each potential class member by U.S. mail.  Plaintiffs’ lawyers may also send an abbreviated text message notice that refers class members to a website containing the notice and consent to join.  For any class members for which Terra does not possess a personal phone number, Plaintiffs’ lawyers may send the notice of the lawsuit and a consent to join via e-mail. Finally, the parties requested that the class members be permitted to sign their consent forms using an electronic signature.

Once the Court approves the stipulation, we will send notice to all potential class members.

November 1, 2019 - Motion for Conditional Class Certification Filed

On November 1, 2019, Plaintiffs filed a motion for conditional class certification and for judicially supervised notice.  In the motion, which you can read here, Plaintiffs asked the court to certify a class of operators and leads in Defendant’s Water Transfer division who were paid by the hour in the last three years.  Plaintiffs also requested that the Court authorize Plaintiffs’ counsel to notify all potential class members of this lawsuit and of their ability to join the lawsuit.

October 25, 2019 - First Amended Complaint Filed

Read the current Complaint here.

September 6, 2019 - Complaint filed

Read the current Complaint here.