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Class Action Alleges Maxum Petroleum Operating Co. Failed to Pay Frac Fuelers for Overtime Work

An employee who claims that a subsidiary of Pilot Flying J regularly violates the Fair Labor Standards Act has filed a class-action lawsuit in federal court.

Lead plaintiff Jonathen Lewandowski says the subsidiary, Maxum Petroleum Operating Co., failed to pay frac fuelers for overtime work. WBM attorneys Nicholas Migliaccio and Jason Rathod represent the plaintiff in the suit, Lewandowski v. Maxum Petroleum Operating Company et al, which was filed in the U.S. District Court for the District of Delaware.

Lewandowski, who worked for Maxum in North Dakota February-June 2012, says that he and other employees sometimes worked more than 100 per week while receiving a $300 day rate. “Consistent with defendants’ policy, pattern and/or practice, plaintiff and the collective action members regularly worked in excess of 40 hours per workweek without being paid the legally required amount of overtime wages,” according to the complaint.

Lewandowski also claims that fuelers were never paid for pre-preparatory work they performed off-site, Law360 reported. Employees typically were scheduled for 15-hour days, with two weeks on duty and one week off.

“This suit is yet another example of companies failing to pay employees the wages to which they are entitled under federal law,” said Migliaccio.

“Employers too often think they can skirt the law,” Rathod said. “But this is a clear-cut case in which the workers were entitled to overtime.”

The case number is 1:15-cv-00408. Workers who helped fuel Maxum distribution center in 11 states can opt into this case by contacting Shannon Kelley at skelley@wbmllp.com or 202-684-2977.