Smith Management and Consulting

SERVING THE GREATER PHILADELPHIA AREA AND BEYOND

This lawsuit seeks to recover unpaid wages for oil and gas rig employees who worked for Smith Management and Consulting, LLC. The workers allege that Smith Management violated federal and state overtime laws by misclassifying them as independent contractors and paying them a "day rate" for overtime premium compensation for hours worked over 40 in a week.

Case Updates

NOV 30, 2015

Today, our firm, along with co-counsel Kennedy Hodges, LLP, started this class/collective action lawsuit by filing a Complaint in the Federal Court in Scranton, PA. The lawsuit is brought on behalf of individuals who performed work on oil and gas rigs in Pennsylvania and beyond. The lawsuit alleges that, during some of the covered time period, Defendant Smith Management and Consulting, LLC (“Defendant”) classified these individuals as independent contractors and paid them on a day-rate basis and failed to pay extra overtime compensation when the employees worked over 40 hours per week. The lawsuit alleges that this practice violates the federal Fair Labor Standards Act (“FLSA”) and the Pennsylvania Minimum Wage Act (“PMWA”). You can access the Complaint below.

MAR 7, 2016

Today, the Defendant filed an Answer to the Complaint. In the Answer, Defendant denies violating the law and assert that its pay practices are legal. You can access the Answer below.

JUN 10, 2016

Today, our firm filed a Motion seeking “conditional certification” of the FLSA collective. In this Motion, we request that the Judge approve a process whereby the following individuals will be mailed a written notice telling them about the lawsuit and a form that they can complete if they want to join the lawsuit: All individuals who during any workweek since November 30, 2012 were paid (in-whole or in-part) on a day-rate basis by Defendant Smith management and Consulting, LLC. You can access a copy of this Motion below.

JUN 27, 2016

Today we are pleased to announce that Judge Malachy E. Mannion of the Middle District of Pennsylvania granted our Motion for conditional certification. In accordance with the Court’s ruling, notice will be mailed out in the coming weeks to “All individuals who during any workweek since November 30, 2012 were paid (in-whole or in-part) on a day-rate basis by Defendant Smith Management and Consulting, LLC.” You can access a copy of the Court’s order below.

AUG 29, 2016

Today is the postmark deadline for individuals to join the lawsuit by returning a consent to join form. To date, a total of 28 individuals have joined the lawsuit. We are very happy to be representing these individuals going forward.

SEP 16, 2016

Today the Court issued a scheduling order setting deadlines for the remainder of the case. Under the schedule, discovery is scheduled to be completed by January 20, 2017. You can access a copy of the Court’s order below.

MAR 1, 2017

Today we are pleased to announce that we have filed a Motion with the Court seeking approval of the settlement of this lawsuit. You can access a copy of this Motion below.

MAR 22, 2017

We are happy to announce that today Judge Malachy E. Mannion granted our motion for approval of the settlement of this case. As part of his opinion, Judge Mannion found that the settlement represented a fair and reasonable settlement of a bona fide dispute under the Fair Labor Standards Act. You can access a copy of the Court’s order below.

Case Documents

• Complaint 11/30/15
• Answer 3/7/16
• Motion 6/10/16
• Order 6/27/16
• Order 9/16/16
• Motion 3/1/17
• Order 3/22/17