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Fracking, well head connected to fracking pumps.(Photo: Shutterstock.com)

Several pandemic-related personnel issues are spurring a rise in lawsuits against production and midstream companies, particularly wage & hour class actions certified under the Fair Labor Standards Act (FLSA). Most of these cases are focused on the misclassification of employees as an Independent Contractor (IC) and challenges to “day rate” compensation structures. Because classes have had mixed results in getting certified, depending on the court they are in, these suits are best fought at the certification stage.

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