Hobbs v. Petroplex Pipe and Construction, Inc., No. 19-50350 (5th Cir. 2020)Annotate this Case
Plaintiffs filed suit against their former employer, Petroplex, alleging claims for overtime pay under the Fair Labor Standards Act. Plaintiffs were former pipe welders for Petroplex and they claimed that they worked more than forty hours per week for the company without overtime pay. At issue on appeal was whether plaintiffs were considered employees or independent contractors.
The Fifth Circuit affirmed the district court's judgment in favor of plaintiffs, holding that plaintiffs were employees instead of independent contractors. The court held that the district court did not clearly err by determining that the control, investment, opportunity for profit and loss, and permanency Silk factors all weighed in favor of employee status.