On November 30, 2010, Plaintiff Floyd W. Thomas, Jr. filed a
complaint against Allis-Chalmers Energy, Inc. and Seawell Limited
in the United States District Court for the Western District of
Pennsylvania. On February 25, 2011, Plaintiff filed a First Amended
Complaint against Allis-Chalmers Energy, Inc. and AirComp, LLC. The
name and case number of the lawsuit is Thomas v. Allis-
Chalmers Energy, Inc and AirComp, LLC, Civil Action No.
The lawsuit alleges that Defendants paid their daily rate
employees, including Operators and those in similarly titled
positions, at a daily rate, and that when their daily-rate
employees work more than forty (40) hours per week, Defendants do
not pay them overtime compensation in violation of the Fair Labor
Standards Act ("FLSA"). Plaintiff's claim under the FLSA seeks back
pay (all unpaid overtime wages) as required by the FLSA, plus
liquidated double damages, reasonable attorneys' fees and court
costs. Defendants deny the allegations and deny that they
are liable for back pay, liquidated double damages, attorneys'
fees and court costs sought in the lawsuit.
The following documents are available for review:
For questions about this case against Allis-Chalmers and
AirComp, please contact Shanon J. Carson at (215) 875-4656 or
by email at firstname.lastname@example.org. If you are
an employee of Allis-Chalmers or AirComp and would like to opt-in
or join the case, please contact Sarah R. Schalman-Bergen at (215)
875-3053. Further information is set forth below.
ARE YOU ELIGIBLE TO PARTICIPATE IN THIS LAWSUIT?
You may be eligible to join this lawsuit if you are a current or
former employee of Defendant Allis-Chalmers Energy, Inc. or
AirComp, LLC (or its Successor Archer Underbalanced) at any time
between August 15, 2008 and the present, who was classified as
non-exempt and paid pursuant to a daily rate compensation system,
including but not limited to Operators and those in similarly
You should not join this lawsuit unless you believe that you
worked over forty (40) hours in a workweek at least one time
between August 15, 2008 and the present and did not receive
overtime compensation in addition to your daily rate for your
overtime hours (i.e., over forty hours in a workweek). Please also
note that the definition of the class does not include supervisors,
although someone who is or was a supervisor now can join the
lawsuit with respect to the time that they worked as a daily rate
employee before they became a supervisor.
All class members should be aware that under federal law there
is a limited time period in which plaintiffs are permitted to file
a claim. This is called the statute of limitations. All
claims are subject to this limitations period. While not
definitively settled, an FLSA claim will likely be measured from
the date that a plaintiff files an opt-in consent form. The
statute of limitations for an FLSA claim generally is a minimum of
two years and a maximum of three years from the date the opt-in
consent form is filed with the court. This means that the
time period for your FLSA claim will begin either two or three
years prior to the date you opt in to an active lawsuit.
Thus, if you believe you have a claim against Allis-Chalmers or
AirComp under the FLSA, you should contact us as soon as
The Opt-In Consent Form should be returned to:
Sarah R. Schalman-Bergen
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3053 (Direct Dial)
Facsimile: (215) 875-4604
DO YOU HAVE TO PAY ANY FEES TO THE ATTORNEYS?
Our law firm is handling this case on a contingent fee
basis. This means that we will only be paid if the lawsuit is
successful in obtaining relief either through a settlement or a
final judgment, and that payment will only come out of that
settlement or final judgment. Therefore, you do not have to
pay anything to our law firm in order to join the lawsuit.
HOW DO YOU PROVE YOUR CLAIM FOR UNPAID WAGES AND OVERTIME?
Where the employer does not keep accurate time records, the law
permits employees to make a good faith estimate of their overtime
or hours worked. Where the employer keeps accurate time
records, those records may be used.