11.  Hall was a Trican employed as an Equipment Operator and was paid on an hourly basis.    12.  Trican is an independent oilfield services contractor that provides various specialized  products, equipment, services and technology for use in the drilling, completion, stimulation  and reworking of oil and gas wells in Canada, the United States, and other countries around the  world.    13.  Trican’s services for the oil industry include acidizing and production enhancement,  cementing, coil tubing, fracturing, and coal bed methane fracturing, among others.     14.  Trican’s services in the oil industry have national and international impact on the energy  market in that oil and gas produced with its services are transported, refined, and otherwise  utilized in the lifecycle of oil and natural gas.   15.  In each of the past three (3) years, Trican’s gross annual revenues have well exceeded  $500,000.00.   16.  Trican employed Plaintiff as an employee in one of Trican’s oil servicing crews in  Odessa, Texas.   17.  In performing his duties, Plaintiff was an employee engaged in commerce and/or in the  production of goods for commerce, namely oil and natural gas used throughout the United  States, and/or who handled goods or materials used in the production thereof that had been  moved in or produced for commerce, such as pumps, mixers and other various equipment,  within the meaning of the FLSA.   18.  Plaintiff typically spent his workweeks operating, fixing, and monitoring equipment that  assisted in the well servicing operations of Defendant.  Plaintiff was also responsible for  maintaining the equipment in operational condition during all stages of production.    20.  Trican did not pay Plaintiff at one-and-one-half times his “regular rate” for all of the  hours he worked in excess of forty (40) in a workweek.     21.  Plaintiff routinely worked in excess of forty (40) hours in a work week for Defendant.   22.  Defendant was well aware of the fact that Plaintiff routinely worked in excess of forty  (40) hours in a work week.   23.  Trican incorrectly calculated Plaitniff’s “regular rate” by failing to include the additional  per diem compensation in the “regular rate” calculation.    24.  All of Trican’s Equipment Operators, including Plaintiff, receive an hourly wage  without proper overtime compensation.   25.  Plaintiff is a typical member of the Class Members and worked for Trican within the  same statutory time period.     26.  At all times during the commission of the alleged events and because of the nature of the  production discussed above, Defendant has been an enterprise engaged in commerce or in the  production of goods for commerce within the meaning of Section 3(s)(1)(A) of the FLSA, 29  U.S.C. § 203(s)(1)(A), in that it has employees engaged in commerce or in the production of  goods for commerce, or employees handling, selling, or otherwise working on goods or  materials that have been moved in or produced for commerce, by any person and in that it has  an annual gross volume of sales made or business done of not less than $500,000.00.  27.  Plaintiff re-allege paragraphs 1-26 as if set out here in their entirety.   28.  In addition to Plaintiff, Trican has employed many other Class Members as Equipment  Operators over the last three (3) years.   30.  Trican paid Class Members an hourly wage, and “per diem” compensation.    31.  Trican did not pay Class Members at one-and-one-half times his “regular rate” for all of  the hours he worked in excess of forty (40) in a workweek.     32.  Class Members routinely worked in excess of forty (40) hours in a work week for  Defendant.   33.  Defendant was well aware of the fact that Class Members routinely worked in excess of  forty (40) hours in a work week.   34.  Trican incorrectly calculated Class Members “regular rate” by failing to include the  additional “per diem” compensation in the “regular rate” calculation.    35.  Like Plaintiff above, in performing their duties as Equipment Operators, Class Members  are/were employees engaged in commerce, namely oil and natural gas used throughout the  United States, and/or who handled goods or materials used in the production thereof that had  been moved in or produced for commerce within the meaning of the FLSA.   36.  Trican paid Class Members in the same manner as Plaintiff, namely, an hourly wage and  additional “per diem” compensation.    37.  Like Plaintiff, Trican did not pay Class Members overtime compensation for hours  worked in excess of forty (40) hours.    38.  Class members are similarly situated to Plaintiff in that they all performed similar  manual labor and were victims of the same violations of the FLSA.   40.  The experience of Plaintiff and Class Members, with respect to their employment and  pay, is typical of an Equipment Operator across Defendant’s business.    41.  The specific job titles or precise job responsibilities of each Class Member does not  foreclose collective treatment.     42.  The claims of all Class Members arise from a common nucleus of facts.  Liability is  based on a systematic course of wrongful conduct by Defendant that caused harm to all Class  Members.    43.  The names and addresses of the Class Members are available from Defendant’s records.   To the extent required by law, notice will be provided to these individuals by first class mail, the  use of techniques and a form of notice similar to those customarily used in representative  actions, or other means conducive to the execution of effective notice.     44.  Trican’s other Equipment Operators should be notified of this action and given the  chance to join pursuant to 29 U.S.C. § 216(b). Therefore, the class is properly defined as:  All current and former Equipment Operators employed by Defendant  between February 4, 2013 and the date notice is issued.   45.  Plaintiff re-alleges paragraphs 1-44 as if set out here in their entirety.   46.  The FLSA requires employers to pay non-exempt employees one-and-one-half times  their regular rates for hours those employees work in excess of forty (40) hours in a work week.   48.  Defendant is an employer within the meaning of the FLSA.   49.  Plaintiff and Class Members are or were Equipment Operators engaged in commerce  and/or in the production of goods for commerce and/or handled goods or materials that have  been moved in or produced for commerce within the meaning of the FLSA.   50.  Defendant is an enterprise engaged in commerce within the meaning of the FLSA.   51.  By failing to pay Plaintiff and Class Members overtime compensation at one-and-one- half times their regular rates, Defendant violated the FLSA’s overtime provisions.   52.  Because Trican knew its pay practices violated the FLSA, or showed reckless disregard  for whether its pay practices violated the FLSA, Trican owes these wages for at least the past  three (3) years.   53.  Trican is liable to Plaintiff and its other Class Members for an amount equal to all unpaid  and/or underpaid overtime wages.   54.  Trican is further liable to Plaintiff and its other Class Members for liquidated damages in  an additional amount equal to all unpaid and/or underpaid overtime wages.   55.  Plaintiff and Class Members are entitled to recover all reasonable attorneys’ fees and  costs incurred in this action.  VIOLATION OF THE FAIR LABOR STANDARDS ACT  FAILURE TO PAY OVERTIME  (COLLECTIVE ACTION)  