A man filed suit against a Florida-based energy company alleging lost wages violations.
Joseph Vigil Jr. of Smithfield, individually and on behalf of all others similarly situated, filed suit against KLX Energy Services of Wellington, Fla. and Bull Dog Frac Energy Services of Meshoppen, Pa. on Sept. 15 in the U.S. District Court for the Western District of Pennsylvania.
According to the complaint, Vigil alleges that he and other KLX workers were entitled to unpaid overtime wages for hours worked in excess of 40 in a workweek as required by law. KLX allegedly violated the Pennsylvania Minimum Wage Act by failing to pay the class for all hours worked, failing to pay them overtime on a timely basis, and failing to pay them the legally required amount of overtime compensation.
Vigil Jr. was employed from August to December 2014 in North Dakota and from December 2014 to July in Pennsylvania, according to the complaint. The complaint also states that he worked on average more than 100 hours per week and was not paid overtime wages.
Vigil Jr. seeks a declaratory judgement that the practices complained about are unlawful under the FLSA, PMWA, and the North Dakota Wage and Hour Laws, an injunction requiring the defendants to cease their unlawful practices, an award of unpaid wages for all hours worked, an award of prejudgment and post-judgment interest, an award of cost and expenses of this action together with reasonable attorney’s fees.
The plaintiff is represented by D. Aaron Rihn of Robert Peirce and Associates in Pittsburgh; Nicholas A. Migliaccio of the Migliaccio Law Firm in Washington, D.C.; and Jason S. Rathod Of Whitfield Bryson and Mason in Washington, D.C.
U.S. District Court for the Western District of Pennsylvania case number 2:15-cv-01200-JFC