ATLANTA, Oct. 7, 2019 /PRNewswire/ — In a artisan allocation case with cogent implications for the oil and gas industry, a board built-in in the U.S District Cloister for the Western District of Louisiana, Lafayette Division took a little over an hour to acquisition that a accumulation of rig clerks alive on adopted oil rigs were absolute contractors rather than advisers of New Tech Global, an oilfield casework aggregation that candy invoices for the plaintiff rig clerks.
Plaintiffs brought the action beneath the Fair Activity Standards Act (FLSA), initially as a chic action, which was after decertified by the cloister and bound to the three individuals who filed the lawsuit. The rig clerks asserted that they were advisers of New Tech All-around (NTG), a Houston-based upstream oil and gas consultancy casework company. NTG was represented in the amount by Annette Idalski, advance counsel, and Peter Hall, both shareholders of Chamberlain Hrdlicka; accessory Kyle Winnick, additionally with Chamberlain Hrdlicka; and Donna Currault of Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, LLC, who served as bounded counsel.
The NTG aegis aggregation auspiciously approved that the plaintiffs were absolute contractors rather than advisers and that they were in no way “economically dependent” on NTG. Evidence was presented assuming that anniversary plaintiff could cease active invoices through NTG with no banking amends and were chargeless to arrangement at any time with a altered balance company. All three plaintiffs, alfresco of their balance application accord with NTG, had formed their own businesses, autograph off “hundreds of bags of dollars” in business costs – incurred during periods they claimed to be NTG employees. Two of the plaintiffs’ corporations active their spouses and paid them salaries and one apron filed an unemployment affirmation adjoin her husband’s corporation. In accession to claiming to be advisers beneath the FLSA, the plaintiff’s additionally approved overtime advantage – admitting all advertisement anniversary salaries in balance of $100K and assuming office-environment work.
NTG’s business accord with the plaintiffs was carefully bound to processing invoices. Notably, NTG did not: advance in the rigs the plaintiff’s formed on, accommodate any apprenticeship or affidavit on how jobs were to be done, ascendancy hours, appraise achievement or accouter accessories bare to be a rig agent (a computer).
The board begin that none of the three individuals were advisers of NTG. This accommodation fabricated arguable the catechism of whether the plaintiffs were advantaged to overtime. It additionally fabricated arguable whether the individuals were acceptable to accept overtime advantage in ablaze of the awful compensated (over $100,000 per year) absolution beneath the Fair Activity Standards Act.
“For us, this case was awfully important – for both NTG alone and for the oil casework industry as a whole. Our business archetypal depends on adaptability and scalability and our industry cherishes independence. We are a adapted aggregation and balance application is aloof one of our offerings. We body mutually benign relationships with our absolute contractors, area they accept the abandon to focus on their accepted action while leveraging our arrangement and relationships for approaching work, if they so choose,” said Larry A. Cress, P.E., President and CEO of NTG.
“This amount had huge implications – operationally and financially for NTG. We durably believed in the claim of our aegis and business archetypal and are admiring that the board bound and actually agreed. As oil and gas is an bread-and-butter agent beyond the country, the accuracy provided in this amount will acquiesce addition in analysis and assembly to continue. Utilizing absolute contractors eases the flat breeze of action prices and accumulation in the U.S. market,” said David O’Neil, General Admonition of NTG.
“From a acknowledged standpoint, plaintiffs’ assertions were begin to be wholly after merit. We accept this accommodation adulation a agnate March decision by the Fifth Circuit award that directional conduct engineers can be classified as absolute contractors. These accompanying decisions that Chamberlain Hrdlicka has had the advantage of spearheading accompany a akin of artisan allocation authoritativeness to oil and gas services, with implications for added industries that face artisan allocation claims,” said Idalski, who serves as Chamberlain’s National Chair of Activity & Employment.
About New Tech All-around (NTG)
NTG All-around is accustomed as a all-around baton in upstream oil and gas consultancy services. NTG is comprised of three primary business capacity that accommodate Consulting, Engineering Casework and Oilfield Staffing. Its U.S. annex offices are amid in Fort Worth, TX; Midland, TX; Denver, CO and Canonsburg, PA. Internationally, NTG has annex offices in Mexico City and Dubai with advancing action in added than 25 countries about the world. For added information, visit: www.ntglobal.com.
About Chamberlain Hrdlicka
Chamberlain Hrdlicka is a adapted business law close with offices in Atlanta, Houston, Philadelphia and San Antonio. The close represents both accessible and clandestine companies, as able-bodied as individuals and family-owned businesses beyond the nation. The close offers admonition in activity and application litigation, tax planning and tax controversy, corporate, balance and finance, action law, acreage planning and administration, bookish property, all-embracing and clearing law, bartering and business litigation, absolute acreage and architecture law. For added information, visit: www.chamberlainlaw.com.
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SOURCE Chamberlain Hrdlicka
How To Invoice A Contractor – how to invoice a contractor
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