Federal Overtime Class Action Lawsuit Against Phillips 66

by Norman B. Blumenthal on June 4, 2018

blumenthal nordrehaug & bhowmik, california employment law, california employment law attorneys, overtime class action, overtime lawsuit, overtime class action lawsuitCarl H., plaintiff, filed a federal overtime lawsuit against Phillips 66, his former employer. The plaintiff alleges that the company was in violation of wage and hour law set by the Fair Labor Standards Act (FLSA). The suit was filed in Texas federal court on April 5, 2018 and the plaintiff is demanding a jury trial.

According to the complaint filed, Carl was an independent contractor for Phillips 66. He was not paid any overtime compensation. He worked over 40 hours a week. He was paid a flat rate. Non-compensation for overtime pay is a violation of FLSA as well as New Jersey State Wage and Hour Law. Carl filed the suit as a collective action including others in similar situations who were unlawfully classified as independent contractors with no overtime pay for overtime hours. Putative Class Members are any who worked (on the basis of independent contractor) for Phillips 66 in the state of New Jersey in the last three years.

Phillips 66 is an energy company with locations and operations throughout the world. Part of an international enterprise, they hire employees regularly. Yet Carl, and others like him (putative Class Members) were allegedly misclassified as independent contractors.

Carl’s allegations of misclassification of himself and other Putative Class Members are based on the following claims:

  • Carl and putative Class Members did not have the authority to hire or fire.
  • Carl and putative Class Members had set schedules.
  • Carl and putative Class Members worked at a location that was controlled by the company.
  • Carl and putative Class Members were required to adhere to certain guidelines and requirements.

Carl claims he was frequently scheduled for 10-12 hour days. In fact, he claims his work days were a minimum of 10 hours. He also claims that he worked as many as 7 days per week. According to federal overtime rules set down in the FLSA as well as the state of New Jersey’s own State Wage and Hour Law, the company was in violation of overtime compensation requirements if the group was misclassified.

If you are not compensated for overtime that you are due or if you have been misclassified by your employer, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

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