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Mud Loggers Overtime Misclassification
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Overtime misclassification is one of the ways employers get around paying their employees for overtime work, and this applies to the case of mud logging technicians. Mud loggers who work in the oil drilling industry, have been misclassified as geologists and exempt from overtime pay.
Mud logging technicians create a record of boreholes to inform the owners of the wells about the content of the borehole. This can help the owner make decisions about the most efficient ways to drill a borehole. Mud logging is often performed by third-party mud logging companies.
Mud Logging Technicians
Mud Logging Lawsuits
Lawsuits have been filed alleging mud loggers were misclassified as exempt from overtime pay. These lawsuits also allege mud loggers were not paid minimum wage because they were paid on a daily rate, rather than based on the number of hours worked.
One such lawsuit was recently settled for approximately $600,000. In that lawsuit, employees were allegedly only paid $75 for a 24-hour shift, less than the federal minimum wage. The employees also allegedly worked up to 100 hours in a workweek but were not paid overtime for any hours above 40 in a week.
Employers may attempt to misclassify employees as exempt from overtime pay by giving them a job title that reflects an administrative or managerial duty. In the case of mud loggers, they may be classified as geologists or independent contractors, which does not reflect the nature of their work. When it comes to determining exemption from overtime, the employee's actual duties are the main factor, not the job title. Even if an employee has a managerial job title, if the duties are those of an hourly employee—involving little job discretion or decision-making ability—then the employee is not exempt from overtime pay.
Mud Logging Overtime Misclassification Lawsuits
If mud loggers or geologists are carrying out the duties of hourly employees, then it does not matter what their job title is, they are still entitled to overtime pay, under the Fair Labor Standards Act (FLSA). Photo credit: en.wikipedia.org
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Last updated on May-8-15
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