31.  CD&P is a large oil and gas company.    32.  It operates throughout the United States, and in Texas.   33.  In order to make the goods and provide the services it markets to its customers; CD&P  employs oilfield personnel like Langen and the Day Rate Workers and staffs them to oil and gas operators.   34.  These oilfield workers carry out the hands-on, day-to-day production work for CD&P.   35.  CD&P paid Langen and the Day Rate Workers a flat sum for each day worked, regardless  of the number of hours that they worked that day (or in that workweek).   36.  CD&P failed to pay Langen and the Day Rate Workers overtime for hours that they  worked in excess of 40 hours in a workweek.    37.  For more than 2 years, Langen was one of these workers.    38.  Langen typically worked 12 days on and 2 days off.    39.  In a standard two-week period, Langen worked at least 84 hours in one week, and at least  60 hours in the other week.   40.  But CD&P did not pay Langen overtime.    41.  The work Langen performed was an essential part of CD&P’s core services.    42.  During Langen’s employment with CD&P, CD&P exercised control (directly or jointly  through another company) over all aspects of his job.    43.  Langen did not make substantial investment in order to perform the work CD&P required  of him.    44.  CD&P determined Langen’s opportunity for “profit.”   46.  Langen’s earnings were controlled by CD&P through the number of days it scheduled him  to work.    47.  Langen did not provide unique services indicative of a third-party contractor.   48.  Langen performed routine manual and technical job duties that were largely dictated by  CD&P and its clients.    49.  Langen worked exclusively for CD&P and its clients while being misclassified as an  independent contractor from approximately September 2015 to November 2017.    50.  Langen was not employed by CD&P on a project-by-project basis, but rather on a  consistent basis.    51.  CD&P, individually and/or jointly with a company it contracted with, controlled all the  significant or meaningful aspects of the job duties performed by Langen.    52.  CD&P, individually and/or jointly with a company it contracted with, controlled the hours  and locations Langen worked, the tools he used, and the rates of pay he received.   53.  Langen used equipment provided by CD&P or its clients to perform his job duties.   54.  Langen did not provide the equipment he worked with on a daily basis.   55.  Langen did not incur operating expenses like rent, payroll, marketing, and insurance.   56.  Langen was economically dependent on CD&P during his employment.   57.  CD&P and the operator it staffed Langen to set Langen’s rates of pay, his work schedule,  and prohibited his (formally or practically) from working other jobs for other companies while he was  working on jobs for CD&P.   58.  Langen’s working relationship with CD&P was similar to that of the other Day Rate  Workers.   60.  Indeed, the daily and weekly activities of Langen and the Day Rate Workers were routine  and largely governed by standardized plans, procedures, and checklists created or mandated by CD&P.   61.  Virtually every job function performed by Langen and the Day Rate Workers was pre- determined by CD&P and/or its clients, including the tools to use at a job site, the data to compile, the  schedule of work, and related work duties.   62.  Langen and the Day Rate Workers were generally prohibited from varying their job duties  outside of the pre-determined parameters.   63.  The Day Rate Workers also worked similar hours and were denied overtime as a result of  the same illegal pay practice.   64.  Like Langen, the Day Rate Workers were generally scheduled for daily shifts of 12 (or  more) hours for weeks at a time.   65.  Langen and the Day Rate Workers did not receive a salary.    66.  If Langen and the Day Rate Workers did not work on a particular day, they did not get  paid for that day.   67.  Langen and the Day Rate Workers received a daily rate and were classified as independent  contractors.   68.  Langen and the Day Rate Workers received the day rate regardless of the number of hours  they worked in excess of 40 hours in a work week.    69.  Langen and the Day Rate Workers’ pay fluctuated in lockstep with the number of days  worked in a pay period.   70.  Langen and the Day Rate Workers were paid their day rate times the number of days they  worked in a week.   71.  Langen and the Day Rate Workers did not receive overtime pay.   73.  Langen and the Day Rate Workers were not permitted by CD&P to subcontract out the  work CD&P assigned to them.     74.  Langen and the Day Rate Workers worked in accordance with the schedule set by CD&P  and its clients.    75.  Langen and the Day Rate Workers must follow CD&P’s policies and procedures.    76.  Langen and the Day Rate Workers’ work must adhere to the quality standards put in place  by CD&P and its clients.    77.  Langen and the Day Rate Workers did not make substantial capital investments in the  tools required to complete the jobs to which they were assigned.   78.  CD&P knew, or acted with reckless disregard for whether, Langen and the Day Rate  Workers were misclassified as independent contractors.   79.  CD&P knows employees are entitled to overtime pay for hours worked in excess of 40 in  a workweek.    80.  Nonetheless, CD&P failed to pay Langen and the Day Rate Workers overtime for those  hours exceeding 40 in a workweek.    81.  CD&P’s policy of classifying Langen and the Day Rate Workers as independent  contractors and failing to pay them overtime violates the FLSA because these workers are, for the  purposes of the FLSA, employees.  82.  The illegal pay practice CD&P imposed on Langen were likewise imposed on the Day Rate  Workers.    84.  Numerous other individuals who worked with Langen were classified as independent  contractors, paid in the same manner, performed similar work, and were not properly compensated for  all hours worked as required by applicable law.    85.  Even if their precise job duties might vary somewhat, these differences do not matter for  the purposes of determining their entitlement to overtime.    86.  Langen and the Day Rate Workers are all entitled to overtime after 40 hours in a week for  the same reasons.   87.  The overtime owed to Langen and the Day Rate Workers will be calculated using the same  records and the same formula.    88.  Langen and the Day Rate Workers are geographically disbursed, residing and working in  states across the county.    89.  CD&P’s failure to pay overtime at the rates required federal law result from generally  applicable, systematic policies, and practices which are not dependent on the personal circumstances of  the Day Rate Workers.   90.  Langen’s experiences are therefore typical of the experiences of the Day Rate Workers.   91.  Langen has no interests contrary to, or in conflict with, the Day Rate Workers.   92.  Absent a collective action, many members of the FLSA Class likely will not obtain redress  of their injuries and CD&P would retain the proceeds of its violation of the FLSA.   93.  Individual litigation would be unduly burdensome to the judicial system.    94.  Concentrating the litigation in one forum will promote judicial economy and parity among  the claims of individual members of the classes and provide for judicial consistency.   96.  As set forth herein, CD&P has violated, and is violating, the FLSA by employing Langen  and the Day Rate Workers in an enterprise engaged in commerce or in the production of goods for  commerce within the meaning of the FLSA for workweeks longer than 40 hours without compensating  such employees for their employment in excess of 40 hours per week at rates no less than 1 and ½ times  the regular rates for which they were employed.   97.  CD&P knowingly, willfully, or in reckless disregard carried out this illegal pattern or  practice of failing to pay Langen and the Day Rate Workers overtime.    98.  CD&P’s failure to pay overtime compensation to these employees was not reasonable, nor  was the decision not to pay overtime made in good faith.    99.  CD&P’s failure to pay Langen and the Day Rate Workers overtime at rates not less than  one and one-half times their proper regular rate violates 29 U.S.C. § 207.  100.  Accordingly, Langen and the Day Rate Workers are entitled to overtime under the FLSA,  liquidated damages, attorney’s fees and costs.   Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII.  REQUESTED IN Violation of the FLSA  