Tank truck drivers in Texas may be victims of overtime violations

A recent time and attendance lawsuit involving drivers employed by tank truck transportation provider KAG West resulted in the company agreeing to pay a $14 million settlement. KAG was accused of forcing employees to work off the timeclock, denying them meal and rest breaks and failing to compensate them with time-and-a-half pay for working more than 40 hours per week.

In the wake of the settlement, law firm Baron & Budd began investigating other potential violations of the employee attendance provisions laid out in the Fair Labor Standards Act.

"You are due overtime pay if you don't cross state lines as part of your job," said Allen Vaught, head of Baron & Budd's FLSA litigation section. "This case has helped to bring the issue to the forefront (and) the same violations are likely occurring in Texas, possibly among Barnett Shale tank truck drivers."

The geological area of Barnett Shale extends 5,000 square miles west and south of the city of Dallas, according to the Texas Commission on Environmental Quality. Over the last decade, gas production activity has increased in the region, resulting in tank truck drivers seeking employment there. 

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