Jones v. Cretic Energy Services, LLC

149 F. Supp. 3d 761, 2015 WL 8489978, 2015 U.S. Dist. LEXIS 164786
CourtDistrict Court, S.D. Texas
DecidedDecember 9, 2015
DocketCIVIL ACTION NO. H-15-0051
StatusPublished
Cited by18 cases

This text of 149 F. Supp. 3d 761 (Jones v. Cretic Energy Services, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Cretic Energy Services, LLC, 149 F. Supp. 3d 761, 2015 WL 8489978, 2015 U.S. Dist. LEXIS 164786 (S.D. Tex. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

SIM LAKE, UNITED STATES DISTRICT JUDGE

Plaintiff, Andrew Jones, Individually and On Behalf of All Others Similarly Situated, filed this action against defendant, Cretic Energy Services, to recover unpaid overtime wages and other damages under theiVFair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b). Pending before the court is Plaintiffs Opposed Motion for Conditional Certification and Notice to Potential Class Members (Docket .Entry No. 21). After considering Defendant’s Response in Opposition to Plaintiffs Opposed Motion for Conditional Certification and Notice to Potential Class Members (Docket Entry No. 22), Plaintiffs Reply in Support of Conditional Certification and Notice (Docket Entry No. 26), and the applicable law, the court concludes that the pending motion should be granted as to all of defendant’s current and former employees who worked on coil tubing field crews within the three-year period immediately preceding entry of this Memorandum Opinion and Order.

I. Factual Allegations and Procedural Background

A. Factual Allegations1

Defendant is an oilfield services company with operations throughout Texas and the United States. Plaintiff alleges that during the relevant statutory period' he worked for defendant as a member of a coil tubing crew, that he and other similarly situated workers typically worked in excess of forty (40) hours a week, but were not paid overtime wages. Plaintiff alleges that instead of paying overtime wages, defendant' paid him and other coil tubing crew members a salary and a day-rate. Plaintiff alleges, that while the job titles and job duties of the putative class members may have differed, they were all subjected to the same'or similar illegal pay practices.

Plaintiffs job title during the relevant statutory period was Coil Tubing Pump Operator. Plaintiffs job’ duties primarily involved operating and tending to power-driven, stationary or portable pumps and manifold systems used to transfer gases, oil, and other liquids or material to and from various vessels" and processes. Asserting that the putative class members worked similar hours and performed substantially similar job duties, plaintiff alleges that the job functions of defendant’s coil tubing crew members primarily consisted of technical and'manual blue collar labor in the oilfield. Plaintiff alleges that regardless of specific job title, the putative class members had the duty to drive — and regularly did drive — pickup trucks and other vehicles weighing less than 10,001 pounds gross vehicle weight in the ordinary course of defendant’s business. ■

[765]*765B. Procedural Background

Plaintiff filed this action on January 9, 2015, alleging ' willful, violation of the FLSA. On July 17, 2015, plaintiff filed the pending motion for conditional class 'certification seeking to certify the following class: “All current and former employees of Cretic Energy Services, LLC employed during the past three (3) years who received a salary and a day rate.”2 Plaintiffs motion asks the court to

(1) conditionally certify this action for purposes of notice and discovery; (2) order that a judicially approved notice be sent to all Putative Class Membbrs by mail and email; (3) approve the form and content of Plaintiffs proposed judicial notice and reminder notice; (4) order Cretic to produce to Plaintiffs Counsel the last known name, address, phone number, email address and dates of employment for- each of the Putative Class Members in a usable electronic format; and (5) authorize a sixty (60) day notice period for the Putative Class Members to join this case.3

On August 7, 2015, defendant filed its response opposing plaintiffs - motion for class certification. Asserting that the proposed class includes both equipment operators, such ■ as ‘ plaintiff, as well as the service supervisors who directed them, defendant argues that the proposed class is overly broad because it includes potential members who are not similarly situated to plaintiff.4. Defendant also argues that plaintiffs proposed notice is improper for multiple .reasons including because it directs- opt-ins to contact plaintiffs counsel, and requests e-mail addresses and phone numbers.5

On August 20, 2015; plaintiff filed a reply in which he argues that members of coil tubing crews are similarly situated because they

(1) work together,- side-by-side, -from start-to-finish,- on every -single ■ one of Cretic’s jobs in the oilfield; (2) are all uniformly classified as exempt; and (3) are all paid a salary plus sometimes bonus basis, resulting in the identical manner in violation of the overtime requirements of the FLSA.6

Attached thereto is a proposed notice of collective action lawsuit wijsh a class description amended to state: “ALL CURRENT -AND FORMER EMPLOYEES OF CRETIC ENERGY SERVICES, LLC WHO WORKED ON COIL TUBING CREWS, WERE EMPLOYED FROM _TO PRESENT, AND RECEIVED A SALARY AND/OR ADDITIONAL COMPENSATION.”7.

II. Applicable Law and Standard. of Review

The FLSA requires-covered employers to pay non-exempt employees for hours [766]*766worked in excess of defined maximum hours, 29 U.S.C. § 207(a), and allows employees to sue their employers for violation of its hour and wage provisions. See 29 U.S.C. §§ 215-16. An employee may sue his employer under the.FLSA on “behalf of himself ... and other employees similarly situated. No employee shall be a party plaintiff to. any such action unless he gives his consent in writing to become a party and such consent is filed in the court in which such action is brought.” 29 U.S.C. § 216(b). Although § 216(b) neither provides- for court-authorized notice nor requires certification for a representative action under FLSA, certification has been recognized as a useful case management tool for district courts to employ in appropriate cases. Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165, 110 S.Ct. 482, 486, 107 L.Ed.2d 480 (1989) (“A. collective action allows ... plaintiffs the advantage of lower individual costs to vindicate rights by the pooling of resources. The judicial system benefits by efficient resolution in one proceeding of common issues of law and fact arising from the same alleged ... activity”).

When a plaintiff seeks certification to bring a collective action on behalf of others and asks the court to approve a notice to potential plaintiffs, the court has discretion to approve the collective action and facilitate notice to potential plaintiffs. Sperling, 110 S.Ct. at 487 (ADEA action);8 Villatoro v. Kim Son Restaurant, L.P., 286 F.Supp.2d 807, 809 (S.D.Tex.2003) (FLSA action). The court also has discretion to modify the proposed class definition if it is overly broad. See Baldridge v.

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149 F. Supp. 3d 761, 2015 WL 8489978, 2015 U.S. Dist. LEXIS 164786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-cretic-energy-services-llc-txsd-2015.