An on-site fueler for a Pilot Flying J petroleum drilling subsidiary has filed a collective action suit against the company in federal court, alleging he and other similarly situated current and former employees were not paid overtime wages in violation of the Fair Labor Standards Act.
The plaintiff, Jonathen Lewandowski, filed suit against both Pilot Travel Centers LLC, and Maxum Petroleum Operating Co., a petroleum drilling and exploration service that was acquired by Pilot Flying J in 2012. Maxum provides fueling service to hydraulic fracturing drilling locations at 53 facilities in 11 states. The lawsuit was filed in federal court in Delaware.
Lewandowski alleges that he and other employees worked more than 100 hours per week during “on” weeks, but were not paid overtime. Rather, he and other potential collective action members were paid a day rate of $300 when working at fracking sites and “paid nothing for preparatory work completed before reaching frack sites,” according to the complaint.
The suit states that employees like Lewandowski were usually scheduled to work two weeks on and one week off, often over 15 hours per daily shift.
The suit seeks an award of unpaid wages for all hours worked in excess of 40 in a workweek at time-and-a-half, as well as liquidated and/or punitive damages against the companies; damages representing the employer’s share of FICA, FUTA, state unemployment insurance and any other required employment taxes; prejudgment and post-judgment interest; attorney’s fees and “such other relief this Court deems just and proper.”
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