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ARTICLE · 09 NOVEMBER 2012

Intent Is Irrelevant: Changing Workweek To Reduce Overtime Costs Valid Under FLSA

Littler Mendelson
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The employees at issue, operators of Redland’s two drilling rigs, initially worked 12-hour shifts for seven consecutive days and then would be off for the next seven days.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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In Abshire v. Redland Energy Services, LLC,  five current and former employees filed a complaint against Redland Energy Services, LLC, a servicer of natural gas wells, alleging the company violated the Fair Labor Standards Act (FLSA) by failing to properly pay overtime. The employees' claims arise from a change to their defined workweek under the FLSA and the impact on their overtime hours as a result.

The employees at issue, operators of Redland's two drilling rigs, initially worked 12-hour shifts for seven consecutive days and then would be off for the next seven days. While these employees were subject to a Tuesday-to-Monday workweek for calculating overtime, all other Redland employees had a Sunday-to-Saturday workweek. Then, in May 2009, Redland changed the drilling rig employees' workweek to Sunday-to-Saturday. The memo announcing the change stated: "There will be no adjustment of your work week, which will remain from Tuesday-Monday [but] you will begin to

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