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BHP Billiton Company

Tamez, et al. v. BHP Billiton Petroleum (Americas), Inc., Court File No. 5:15-cv-00330 (Western District of Texas)

On April 24, 2015, we filed a Complaint against BHP Billiton Petroleum (Americas), Inc. (“BHP”) in the Western District Court of Texas seeking overtime pay. The named plaintiffs were employed as HSE Field Specialists, and were paid on a “day rate” basis.  The complaint alleges that BHP required them to work over 40 hours per week but did not pay them an overtime premium for any of their overtime hours in violation of the Fair Labor Standards Act (FLSA).  The complaint also alleges that BHP maintained a practice of unlawfully employing some “day rate” workers as “independent contractors” or “consultants” while employing others in the same positions as “W-2 employees.” Regardless of their classification, the “day rate” workers all worked under BHP’s exclusive direction and control and were all subject to the same unlawful pay practices.  The case was filed on behalf all other persons who worked for BHP and were paid a “day rate” only, at any time during the past three years. These employees seek to recover overtime compensation and liquidated damages.

Type of Case

Unpaid Overtime Wages

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Case Updates

  • July 10, 2018

    BHP Billiton Company – Unpaid Overtime Lawsuit - Update July 10, 2018

    We are in the discovery phase of the case and are currently collecting information and documents from all clients to support their claims for overtime pay. If you are a client who has not yet returned your signed discovery response, or documents related to your work at BHP, please contact our clerk Louis Hunter at (612) 256-3224 immediately. We need this information in our effort to get you paid. If your address or contact information has changed, please update it by clicking the update button above.

  • March 26, 2018

    BHP Billiton Company – Unpaid Overtime Lawsuit - Update March 26, 2018

    The case is progressing through the discovery process.  We have taken the depositions of several of BHP's corporate representatives to discuss issues such as job duties, hours, computer systems, and the company's policies and pay practices.  We also have several more depositions we are taking soon.  We are still waiting on the Court to set a schedule for the case's completion, and keep moving forward with building our case in the meantime.  If you are a client and your address or contact information has changed, please update it by clicking the update button above.

  • September 15, 2017

    BHP Billiton Company – Unpaid Overtime Lawsuit - Update September 15, 2017

    The parties continue litigating the matter while waiting for the Court to rule on a motion concerning the scope of discovery and issue a scheduling order for motion deadlines and trial. If you have any questions about the case, please contact our case clerk, Louis Hunter at lhunter@nka.com or call directly at (612) 256-3224..

  • March 29, 2016

    BHP Billiton Case Update

    On October 5, 2015, the Court granted our request to conditionally certify this case as a collective action and authorized us to send notice of the lawsuit to all day rate workers who worked for BHP within the past three years. The parties spent the next few months collecting the relevant contact information so we could send the court-approved notice. On March 8, 2016, we sent judicial notice to all day rate workers. This notice provides information about the lawsuit and explains how to join it. If you worked as a day rate worker for BHP within the past three years but did not receive this notice, you may contact our office. If you have any questions about this lawsuit, contact the case clerk, Will Elsass, at 612-256-3260 or by email at welsass@nka.com.

  • March 29, 2016

    BHP Billiton Company – Unpaid Overtime Lawsuit - Update March 29, 2016

    On October 5, 2015, the Court granted our request to conditionally certify this case as a collective action and authorized us to send notice of the lawsuit to all day rate workers who worked for BHP within the past three years. The parties spent the next few months collecting the relevant contact information so we could send the court-approved notice. On March 8, 2016, we sent judicial notice to all day rate workers. This notice provides information about the lawsuit and explains how to join it. If you worked as a day rate worker for BHP within the past three years but did not receive this notice, you may contact our office. If you have any questions about this lawsuit, contact the case clerk, Louis Hunter at lhunter@nka.com or call directly at (612) 256-3224..

Additional Information

Do I Have a Claim?

This case was brought on behalf of persons who were paid a “day rate” but were not paid overtime wages when they worked more than 40 hours in a week. If you worked for BHP in any position in which you were paid a “day rate” at any time within the last three years and were not paid overtime wages when you worked more than 40 hours in a week, you may have a claim.

How Do I Join This Case?

The sign up period for this lawsuit has passed

What Time Frame Does This Case Cover?

Under federal law, there is a statute of limitations that allows you to recover pay for hours worked within 2 years of joining the lawsuit. If we can prove BHP willfully violated the law, the statute of limitations may be extended to 3 years.

Do I Have To Pay Anything?

You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and our payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime?

We will request records of all of the hours you worked from the company. Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. You do not need to have proof of the hours you worked, and the court will generally accept a good faith estimate of your hours.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to two years.

What About Retaliation?

The law protects you from retaliation for asserting your rights, and if you suffer retaliation, you may be able to assert additional claims. If you currently work for BHP and you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.

How Can I Help?

Right now, we are hoping to talk to as many BHP workers as possible to learn more about the case. If you have information regarding “day rate” workers at BHP, you can contact the case clerk, Louis Hunter, at (612) 256-3224 or via email at lhunter@nka.com or toll free at (877) 448-0492, ext. 204.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Louis Hunter, at (612) 256-3224 or via email at lhunter@nka.com or toll free at (877) 448-0492, ext. 204.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.