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Chevron Corporation

McQueen, et al. v. Chevron Corporation
Court File No. 3:16-cv-02089 (Northern District of California)

On April 20, 2016, we filed a Complaint against Chevron Corporation in the Northern District Court of California seeking overtime pay. The named plaintiffs, both well site managers, brought the case on behalf of themselves and all other similarly situated workers nationwide who were paid a day-rate and no additional overtime premium for hours worked over 40 per week. Plaintiffs’ complaint alleges that Chevron unlawfully classified the named plaintiffs, and other well site/drill site managers as independent contractors, and failed to pay them an overtime premium in violation of the Fair Labor Standards Act.  The lawsuit seeks overtime premiums, plus double damages.

Type of Case

Unpaid Overtime Wages

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Additional Information

Do I Have a Claim?

This case was brought on behalf of persons who worked for Chevron Corporation as well site managers, drill site managers, or in similar positions, who were paid a day rate but were not paid overtime wages when they worked more than 40 hours in a work week. If you worked for Chevron as a well site/drill site manager, were paid a day-rate, and were not paid overtime wages when you worked more than 40 hours per week at any time within the last three years, you may have a claim.

How Do I Join This Case?

To make a claim for overtime pay in this action, you must complete a Consent Form and return it to us immediately for filing with the Court.

You may also join the case by electronically signing the Consent Form.

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 two years of joining the lawsuit. If we can prove Chevron willfully violated the law, the statute of limitations may be extended to three 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 or award, and our payment will only come out of that settlement, final judgment, or award.

How Do I Prove I Worked Overtime?

We will request records of all of the hours you worked from the company. Where the company does not keep accurate time records, most courts permit the worker 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 employees from retaliation for asserting their rights, and if you suffer retaliation, you may be able to assert additional claims. If 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 Chevron workers as possible to learn more about the case. If you have information regarding well site and drill site workers paid a day rate at Chevron, please contact the case clerk, Sherick Francois at sfrancois@nka.com or call toll free at (877) 448-0492, ext. 213.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Sherick Francois at sfrancois@nka.com or call toll free at (877) 448-0492, ext. 213.

Case Updates

  • May 26, 2017

    Chevron Corporation – Unpaid Overtime Lawsuit - Update May 26, 2017

    On February 21, 2017, the Judge granted our motion for conditional certification, and ordered distribution of judicial notice to other site managers. The first round of notice was distributed on March 30. In addition, other rounds of notice were later issued to additional groups of site manages. The Court set a 60-day deadline (specific to each round of notice) for site managers to join the case following distribution of notice. We are currently focused on the “discovery” phase of the case, which is the formal exchange of information between both sides.

    Should you have any questions, please feel free to contact our clerk Sherick Francois at sfrancois@nka.com or call toll free at (877) 448-0492, ext. 213.

  • May 2, 2016

    Well Site/Drill Site Managers Represented by Nichols Kaster, PLLP Lodge Overtime Action Against Chevron

    On April 20, 2016, two former well site managers filed a lawsuit in the Northern District Court of California seeking overtime pay from Chevron Corporation. They brought the case on behalf of themselves and all other similarly situated workers, which includes well site and drill site managers nationwide, who were paid a "day-rate" and no additional overtime premium for the hours they worked over 40 per week. Plaintiff's complaint alleges that Chevron unlawfully classified them and other well site/drill site managers as "independent contractors" (also referred to as "consultants"), and failed to pay them an overtime premium in violation of the Fair Labor Standards Act. The lawsuit seeks overtime premiums, plus double damages.

    Through its subsidiaries, Chevron Corporation explores for, produces and transports crude oil and natural gas, manufactures and sells lubricants, provides energy efficiency solutions, and develops energy resources including biofuels and other renewables. Defendant Chevron Corporation is headquartered in San Ramon, California.

    Plaintiff's attorney Daniel Brome stated, "These individuals work more than twelve hours at a time, for fourteen days in a row, without ever receiving overtime pay. We seek unpaid overtime for these workers."

    Plaintiffs are represented by Daniel S. Brome and Matthew C. Helland from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California.

    The case is entitled, McQueen et al. v. Chevron Corporation. Case No. 3:16-cv-02089 (Northern District of California).

    Additional information about how to make a claim in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

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