31.  BOS says it is “the leading provider of Solids and Liquids Waste Separation Solutions”  operating throughout the United States, including in New Mexico.    32.  To complete its business objectives, BOS hires personnel, such as Licon, to perform  solids control services.   33.  BOS labels Licon and the Putative Class Members to be contractors.   34.  But BOS does not hire these workers on a project-by-project basis.   35.  Rather, BOS hires and treats these workers just like regular, even if sometimes short  term, employees.   36.  Many of these individuals worked for BOS on a day rate basis (without overtime pay).    37.  These day rate workers make up the proposed Putative Class.     38.  For example, Licon worked for BOS as a Solids Control Technician from  approximately November 2016 until October 2017.    40.  As a Solids Control Technician, Licon spent his time separating drilling fluid from the  solids crushed by the drill bit and carried up to the surface in the drilling fluid.   41.  Licon did not have any supervisory duties.    42.  Licon did not hire for fire employees.    43.  Licon did not exercise discretion and judgment as to matters of significant.    44.  Licon was a blue-collar worker.   45.  BOS paid Licon and the Putative Class Members under its day rate pay scheme.   46.  Licon and the Putative Class Members do not receive a salary.   47.  If Licon and the Putative Class Members did not work, they did not get paid.   48.  Licon and the Putative Class Members receive a day rate.   49.  Licon and the Putative Class Members do not receive overtime pay.   50.  This is despite the fact Licon and the Putative Class Members often worked more than  10 hours a day, for as many as 7 days a week, for weeks at a time.   51.  Although Licon typically worked up to 7 days a week, for 10 or more hours a day, he  did not receive any overtime pay.   52.  Licon and the Putative Class Members received the day rate regardless of the number  of hours they worked, and even if they worked more than 40 hours in a workweek.   53.  Without the job performed by Licon and the Putative Class Members, BOS would not  be able to complete its business objectives.   54.  Licon and the Putative Class Members relied on BOS for work and compensation.    55.  Licon and the Putative Class Members worked in accordance with the schedule set by  BOS and/or its clients.    57.  Licon and the Putative Class Members must follow BOS and/or its clients’s policies  and procedures.    58.  Licon and the Putative Class Members’s work must adhere to the quality standards put  in place by BOS and/or its clients.    59.  Licon and the Putative Class Members did not substantially invest in the tools required  to complete the overall job to which they were assigned.    60.  Licon and the Putative Class Members did not market their services while employed  by BOS.    61.  Licon and the Putative Class Members worked exclusively for BOS during the relevant  period.    62.  Licon and the Putative Class Members did not incur operating expenses like rent,  payroll, marketing, and/or insurance.    63.  BOS and/or its clients set Licon and the Putative Class Members’ work schedule,  which prohibited them from working other jobs for other companies while working on jobs for BOS.   64.  At all relevant times, BOS maintained control, oversight, and direction of Licon and  the Putative Class Members, including, but not limited to, hiring, firing, disciplining, timekeeping,  payroll, and other employment practices.    65.  Licon’s work schedule is typical of the Putative Class Members.    66.  BOS controls Licon and the Putative Class Members’s pay.   67.  Likewise, BOS and/or its clients control Licon and the Putative Class Members’s work.   69.  Licon and the Putative Class Members are not required to possess any unique or  specialized skillset (other than that maintained by all other workers in their respective positions) to  perform their job duties.   70.  BOS knows Licon and the Putative Class Members work for 10 or more hours a day,  for as many as 7 days a week.   71.  BOS’s records reflect the fact Licon and the Putative Class Members regularly work  far in excess of 40 hours in certain workweeks.    72.  Licon and the Putative Class Members do not receive overtime for hours worked in  excess of 40 in any of those weeks.   73.  Instead, Licon and the Putative Class Members are paid on a day rate basis.   74.  BOS and/or its clients set these workers’s schedules and compensation; supervises  them; requires them to adhere to strict guidelines, directive, and its (or its clients’s) policies and  procedures.   75.  BOS controls Licon and the Putative Class Members’s opportunities for profit and  loss by dictating the days and hours they work and the rates they are paid.   76.  While working for BOS, BOS controlled all the significant or meaningful aspects of  the job duties Licon and the Putative Class Members perform.   77.  BOS exercises control over the hours and locations Licon and the Putative Class  Members work, the tools and equipment they use, and the rates of pay they receive.   78.  Even when Licon and the Putative Class Members work away from BOS’s offices  without the constant presence of BOS supervisors, BOS still controls significant aspects of their job  activities by enforcing mandatory compliance with its (or its clients’) policies and procedures.   80.  BOS (and/or its clients) make these large capital investments in buildings, machines,  equipment, tools, and supplied the business in which Licon and the Putative Class Members work.   81.  Licon and the Putative Class Members do not incur operating expenses like rent,  payroll, marketing, and insurance.   82.  The daily and weekly activities of Licon and the Putative Class Members are routine  and largely governed by standardized plans, procedures, and checklists created by BOS.   83.  BOS prohibits Licon and the Putative Class Members from varying their job duties  outside of the predetermined parameters and requires Licon and the Putative Class Members to follow  BOS’s (or its clients’s) policies, procedures, and directives.   84.  All of the Putative Class Members perform similar job duties and are subjected to the  same or similar policies and procedures which dictate the day-to-day activities they perform.   85.  All of the Putative Class Members work similar hours and are denied overtime as a  result of the same illegal pay practice.   86.  All of the Putative Class Members work in excess of 40 hours each week.   87.  BOS uniformly denies Licon and the Putative Class Members overtime for the hours  they work in excess of 40 hours in a single workweek.   88.  Licon and the Putative Class Members do not, and have never, received guaranteed  weekly compensation irrespective of the day worked (i.e., the only compensation they receive is the  day rate they are assigned for all hours worked in a single day or week).   89.  BOS’s day rate policy violates the FLSA because it deprives Licon and the Putative  Class Members of overtime for the hours they work in excess of 40 hours in a single workweek.   90.  BOS knew Licon and the Putative Class Members worked more than 40 hours a week.   92.  Nonetheless, BOS did not pay Licon and the Putative Class Members overtime.     93.  BOS knew, or showed reckless disregard for whether, the conduct described in this  Complaint violated the FLSA and the NMMWA.  