UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

MIDLAND-ODESSA DIVISION

JOB MOSCOT, Individually and on Behalf of 

Others Similarly Situated,

v.

JONES PIPELINE SERVICES, LLC

Case No: 7:20-cv-59

Collective Action (29 U.S.C. § 216(b))

Jury Trial Demanded

ORIGINALCOMPLAINT

SUMMARY

1. Jones Pipeline Services, LLC (JPS) does not pay its HSE Specialists overtime as 

required by the Fair Labor Standards Act (FLSA).

2. Instead, JPS misclassifies its HSE Specialists as exempt from the overtime provisions 

of the FLSA.

3. JPS purports to pay its HSE Specialists a flat salary with no overtime.

4. JPS’s failure to pay overtime to its HSE Specialists violates the FLSA because its HSE 

Specialists are owed overtime for hours worked in excess of 40 in a week.

5. JPS’s failure to pay overtime to its HSE Specialists violates the FLSA because its HSE 

Specialists’ primary job duties are non-exempt.

6. Alternatively, JPS’s failure to pay overtime to its HSE Specialists violates the FLSA 

because JPS makes improper deductions from the salary of HSE Specialists.

7. Job Moscot (Moscot) brings this action to recover the unpaid overtime wages and 

other damages owed to him and JPS’s other HSE Specialists.

1

1 HSE Specialists are sometimes referred to as HSE Coordinators, but it is the same job.

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JURISDICTION AND VENUE

8. This Court has original jurisdiction pursuant to 28 U.S.C. § 1331 because this action 

arises under a federal statute. 29 U.S.C. § 216(b). 

9. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) because a substantial 

part of the events or omissions giving rise to the claims herein occurred in this District.

THE PARTIES

10. Moscot is a Texas resident who worked for JPS as an HSE Specialists from February 

2018 to July 2019. 

11. Moscot’s consent to be a party plaintiff is attached. 

12. Moscot brings this action on behalf of himself and all other HSE Specialists employed 

by JPS. 

13. The class of similarly situated employees (the HSE Specialists) consists of: 

All HSE Specialists employed by JPS in the past 3 years.

14. JPS is a Limited Liability Corporation incorporated under the laws of Mississippi. 

15. JPS maintains a field office in Midland, Texas through which it regularly transacts 

business. 

16. Moscot reported to this office during his employment.

17. JPS may be served by serving its registered agent for service of process: Tom Glover, 

5900 Balcones Dr., Suite 100, Austin, TX 78731, or wherever Tom Glover may be found.

FLSA COVERAGE

18. For at least the past 3 years, JPS has been an employer within the meaning of section 

3(d) of the FLSA. 29 U.S.C. § 203(d).

19. For at least the past 3 years, JPS has been part of an enterprise within the meaning of

section 3(r) of the FLSA. 29 U.S.C. § 203(r). 

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20. For at least the past 3 years, JPS has been part of an enterprise engaged in commerce 

or in the production of goods for commerce within the meaning of section 3(s)(1) of the FLSA, 29 

U.S.C. § 203(s)(1). 

21. JPS has, and has had, employees engaged in commerce or in the production of goods 

for commerce, or employees handling, selling, or otherwise working on goods or materials (including 

trucks, tires, cables, lights, laptop computers, cell phones, etc.) that have been moved in or produced 

for commerce. 

22. Further, JPS’s annual gross volume of sales has exceeded $1,000,000 in each of the 

past 3 years. 

23. For at least the past 3 years, Moscot and the HSE Specialists were engaged in 

commerce or in the production of goods for commerce.

24. JPS treated all its HSE Specialists (including Moscot) as employees by setting their 

work schedules, controlling their job assignments, withholding taxes from their pay, and maintaining 

their personnel records.

FACTS

25. JPS provides pipeline logistics services to the oil and gas pipeline industry, including 

rail logistics, pipe logistics, transport (loading and unloading), storage and staging, pipe traceability, 

and pipe stringing.2

26. In February of 2018, Moscot began working for JPS as an HSE Specialist.

27. As an HSE Specialist, Moscot performed inspections related to the delivery of pipe.

28. Moscot made sure the pipe was moved in a safe and efficient manner. 

2 https://www.jonespipeline.com/#about

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29. Moscot ensures that equipment is operated in accordance with established policies and 

procedures.

30. Moscot typically works 65 hours per week. 

31. As such, Moscot typically works 25+ hours of overtime, per week, each workweek.

32. JPS paid Moscot based on a set amount for each week worked.

33. However, JPS’s payment scheme does not qualify as payment on a “salary basis” as it 

varies (up to a set amount) based on the quantity or quality of work performed.

34. For example, during the 2018 Christmas Holidays, JPS did not pay the salaries of HSE 

Specialists for a week and a half period during which no work was available.

35. Alternatively, JPS made improper deductions from the salaries of HSE Specialists in 

violation of 29 C.F.R. § 541.602(a)(2).

36. JPS did not pay its HSE Specialists (including Moscot) on a salary basis. 

37. Although he often works 65+ hours in a workweek, JPS never paid Moscot any 

overtime for hours worked in excess of 40 in a workweek.

38. All JPS’s HSE Specialists perform duties similar Moscot’s job duties.

39. JPS’s HSE Specialists all work similar hours. 

40. All JPS’s HSE Specialists were denied overtime as a result of the same illegal 

misclassification policy. 

41. JPS failed to pay the HSE Specialists overtime as required by the FLSA.

FLSA VIOLATIONS

42. JPS’s misclassification policy violates the FLSA because its HSE Specialists perform 

non-exempt job duties and do not receive any overtime for hours worked over 40 hours each week.

43. JPS failed to pay its HSE Specialists on a salary basis.

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44. JPS’s failure to pay overtime compensation to the HSE Specialists was not based on 

any reasonable interpretation of the law. 

45. Nor was JPS’s decision not to pay overtime made in good faith.

46. Instead, JPS knew, or showed reckless disregard for whether, its illegal misclassification 

policy violated the FLSA. 

47. Accordingly, Moscot and the other HSE Specialists are entitled to recover their unpaid 

overtime under the FLSA, liquidated damages, attorney’s fees, and costs.

COLLECTIVE ACTION ALLEGATIONS

48. Other HSE Specialists have been denied overtime by JPS’s illegal misclassification 

policy and pay plan. 

49. JPS’s express policies make it clear other HSE Specialists (in addition to Moscot) were 

not paid overtime.

50. These employees are similarly situated to Moscot in terms of relevant job duties, pay 

provisions, and employment practices.

51. JPS’s failure to pay overtime results from a generally applicable, systematic 

misclassification that is not dependent on the personal circumstances of the HSE Specialists. 

52. Thus, Moscot’s experiences are typical of the experiences of the HSE Specialists.

53. All HSE Specialists are entitled to overtime for hours worked in excess of 40 in a week. 

JURY DEMAND

54. Moscot demands a trial by jury.

RELIEF SOUGHT

55. Wherefore, Moscot prays for:

(a) an order allowing this action to proceed as a collective action and directing 

notice to the other HSE Specialists;

(b) judgment finding JPS in violation of the FLSA; 

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(c) judgment finding JPS liable to Moscot and the HSE Specialists for unpaid 

overtime, and an equal amount of liquidated damages;

(d) judgment awarding Moscot and the HSE Specialists reasonable attorney’s fees 

and costs of this action;

(e) judgment awarding Moscot and the HSE Specialists pre- and post-judgment 

interest at the highest rates allowed by law; and

(f) such other and further relief as may be necessary and appropriate.

Respectfully submitted,

BRUCKNER BURCH PLLC

/s/ Rex Burch

By: ________________________

Richard J. (Rex) Burch

Texas Bar No. 24001807

Michael K. Burke 

Texas Bar No. 24012359

8 Greenway Plaza, Suite 1500 

Houston, Texas 77046

713-877-8788 – Telephone

713-877-8065 – Facsimile

rburch@brucknerburch.com

mburke@brucknerburch.com

Andrew W. Dunlap

State Bar No. 24078444

JOSEPHSON DUNLAP

11 Greenway Plaza, Suite 3050

Houston, Texas 77046

713-352-1100 – Telephone

713-352-3300 – Facsimile

adunlap@mybackwages.com

ATTORNEYS IN CHARGE FOR PLAINTIFFS

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