Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

Exhibit D-Declaration

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DocuSign Envelope ID: 4C995516-4096-4E6F-AEE3-6443C709F84B UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOUGLAS PEARSON, JAMES ADKINS, and on all others similarly situated, Case No. 5:18-CV-1029-OLG Plaintiffs, v. COLT OILFIELD SERVICES, LLC, TOTAL TANK, and ROY E. (EDDIE) AGUILAR, Defendants. 28 U.S.C. § 1746 DECLARATION AND CONSENT OF JAMES ADKINS IN SUPPORT OF PROCEEDING AS A COLLECTIVE ACTION I am over the age of 18 and am competent to testify to the facts in this declaration from my personal knowledge and experience. I make this declaration based upon personal knowledge and, if sworn as a witness, could and would testify competently to the facts set forth below: 1. Defendants employed me and other workers ("Operators") to deliver and operate their oilfield equipment for customers at well sites. I worked for Defendants as an Operator from approximately April 2017 to May 2018. Based on my employment with Defendants, I have personal knowledge of, and experience with, Defendants' policies for compensating Operators and the duties and hours to work in that capacity. 2. As an Operator, my job consisted of helping Defendants deliver and operate oilfield equipment for customers at well sites. More specifically, my primary job duties as an Operator consisted of loading, unloading rigging up, rigging down, and operating oilfield equipment at well sites. These job duties were technical, physical, and largely manual in nature and remained consistent regardless of the geographical location where I performed my work. -1- DocuSign Envelope ID: 4C995516-4096-4E6F-AEE3-6443C709F84B 3. Despite my routinely working in excess of 80 hours per workweek as an Operator, Defendants never paid me overtime. Instead of paying me overtime for my regular overtime work, Defendants classified me as "exempt" from overtime, paid me a salary, and failed to pay me overtime for my regular overtime work. 4. Based on my experience working for Defendants, I understand that Defendants employed at least 40 Operators that work or worked under the same conditions as I did during my employment in that they performed similar work, worked similar hours, were classified as exempt from overtime, and never received overtime pay for their overtime work. The duties, hours, and pay policies applicable to Operators did not depend on the geographic area or region we worked in, but were rather a product of working as Operators for Defendants. I base my belief and knowledge of Defendants' policies on (1) conversations I've had with other Operators who spoke with me about their job duties, hours of work, and how Defendants paid them during their employment; and (2) observing other individuals performing the same or similar job duties as I did while working as an Operator for Defendants. 5. I believe other individuals would join this case if they were aware of its existence. I do not presently recall all of the names, telephone numbers, and addresses of all of the individuals with whom I was familiar while working for Defendants; however, I believe Dustin Foster, Matthew Waters, and others would joint this case (or may have already done so), or would be eligible to do so if they knew of its existence and were not afraid of retaliation. 6. As oilfield workers, other Operators and I often work in remote locations far away from home for extended periods of time. I often work, eat, and sleep at or near job sites which are not near my home for days and even weeks at a time. This work schedule makes it difficult for my coworkers and I to regularly receive regular U.S. mail in a timely manner, if at all. Moreover, even -2- DocuSign Envelope ID: 4C995516-4096-4E6F-AEE3-6443C709F84B when I timely receive mail, I routinely receive a significant amount of junk mail and am unlikely to read my mail unless I know to expect a letter or package. 7. Based on my conversations with my coworkers, I know that other Operators and I rely heavily on our cell phones for both personal and professional communications. I personally use my cell phone to communicate with friends, family and attorneys through email, text message, and phone calls. I have observed many of my co-workers (whether working for Defendants or for other companies) staying in contact with their friends and family the same way I do (email, text, cell phone). If I did not know anything about this case, I would be far more likely to receive and read a notice that was either emailed or texted to me. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct and that I have personal knowledge of the information provided above. 11/8/2018 10:20:08 PM PST ________________________________ _______________________ JAMES ADKINS Date -3-