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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

CASE NO.: 1:20-cv-440

PAUL SLATTER,

Plaintiff,

vs.

CHESAPEAKE ENERGY CORPORATION,

CHESAPEAKE OPERATING, LLC.,

TRIPLE BS CONSULTING, LLC.,

AFS PETROLOGIX, LLC.

Defendants.

______________________________________________/

FIRST AMENDED COMPLAINT

{Jury Trial Demanded}

Plaintiff, PAUL SLATTER (“PLAINTIFF”), through counsel, sues 

Defendants, CHESAPEAKE ENERGY CORPORATION, CHESAPEAKE 

OPERATING, LLC., TRIPLE BS CONSULTING, LLC., and AFS PETROLOGIX, 

LLC. (Collectively “DEFENDANTS”) and alleges the following:

1. This is an action for damages within the jurisdiction of this court

wherein Plaintiff alleges that Defendants violated the Fair Labor 

Standards Act (FLSA), which requires employers to compensate nonexempt employees for their overtime work. See, 29 U.S.C. § 207(a).

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2. At all times material hereto, Plaintiff was an FLSA non-exempt hourly 

employee (i.e. a “safety advisor”) who has been not paid and/or denied 

overtime pay required by law, for which he now seeks recovery.

3. Plaintiff resides in this court’s venue and is a past employee of 

Defendants.

4. At all times material hereto, Defendant, CHESAPEAKE ENERGY 

CORPORATION was a foreign (“Oklahoma”) corporation engaged in 

the business of discovering and developing of oil and natural gas assets

and in gas gathering and compression, waslicensed to transact business 

in the State of Texas, conducted business in this court’s venue, was an 

“employer” of the Plaintiff within the meaning of 29 U.S.C. §203(d)

and at all times material hereto, engaged along with its employees in 

interstate commerce, and had annual gross sales and/or business 

volume of $500,000 or more.

5. At all times material hereto, Defendant, CHESAPEAKE 

OPERATING, LLC. was a foreign (“Oklahoma”) limited liability 

company engaged in the business of discovering and developing of oil 

and natural gas assets and in gas gathering and compression, was 

licensed to transact business in the State of Texas, conducted business 

in this court’s venue, was an “employer” of the Plaintiff within the 

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meaning of 29 U.S.C. §203(d) and at all times material hereto, engaged 

along with its employees in interstate commerce, and had annual gross 

sales and/or business volume of $500,000 or more.

6. At all times material hereto, Defendant, TRIPLE BS CONSULTING, 

LLC., was a foreign (“Louisiana”) limited liability company engaged 

in the staffing of employees to the oil industry, conducted business in 

this court’s venue, was an “employer” of the Plaintiff within the 

meaning of 29 U.S.C. §203(d) and at all times material hereto, engaged 

along with its employees in interstate commerce, and had annual gross 

sales and/or business volume of $500,000 or more.

7. At all times material hereto, Defendant, AFS PETROLOGIX, LLC,

was a foreign (“Louisiana”) limited liability company engaged in the 

staffing of employees to the oil industry, conducted business in this 

court’s venue, was an “employer” of the Plaintiff within the meaning 

of 29 U.S.C. §203(d) and at all times material hereto, engaged along 

with its employees in interstate commerce, and had annual gross sales 

and/or business volume of $500,000 or more.

8. At all times material hereto, from about April 24, 2017 to November 3, 

2017), Defendants, CHESAPEAKE ENERGY CORPORATION and 

CHESAPEAKE OPERATING, LLC. hired Plaintiff as a “Safety 

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Consultant” and required him as a condition of employment, to register 

with a third-party staffing agency/Defendant, AFS PETROLOGIX, 

LLC.

9. At all times material hereto, from about November 4, 2017 to April 16, 

2020) Defendants, CHESAPEAKE ENERGY CORPORATION and 

CHESAPEAKE OPERATING, LLC. hired Plaintiff as a “Safety 

Consultant” and required him as a condition of employment, to register 

with a third-party staffing agency/Defendant, TRIPLE BS 

CONSULTING, LLC. 

10. Although Defendants, CHESAPEAKE ENERGY CORPORATION 

and CHESAPEAKE OPERATING, LLC. hired Plaintiff, controlled 

Plaintiff’s pay rate and terms and conditions of employment, all payroll 

would be processed by Defendants, AFS PETROLOGIX, LLC, and/or 

TRIPLE BS CONSULTING, LLC. and said Defendants would derive 

a commission from said arrangement and in exchange for same, would 

list themselves as Plaintiff’s employer and issue Plaintiff’s pay check 

and corresponding tax documents.

11. At all times material hereto, both Defendants CHESAPEAKE 

ENERGY CORPORATION and CHESAPEAKE OPERATING, LLC.

jointly controlled Plaintiff’s employment thereby qualifying them as 

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joint employers as more fully defined by 29 C.F.R. 791.2(a).

Specifically, amongst other things, said Defendants hired and fired 

Plaintiff, determined locations and which customers employment 

would take place, fully controlled Plaintiff’s pay rate, maintained a 

personnel file on Plaintiff, controlled his day to day duties and assigned 

job tasks and responsibilities, had Plaintiff perform specialized tasks on 

behalf of said Defendants and required Plaintiff to work exclusively for 

said Defendants.

12. In justifiable reliance upon Defendants’ collective representations and 

promises of payment, Plaintiff accepted employment and worked for 

Defendants.

13. During the subject time period, Defendants failed to pay Plaintiff the 

required overtime as mandated by the FLSA. Specifically, depending 

on the time period worked, Plaintiff, who was an hourly employee, was 

required to work 14 or 21 days straight for 12 hours per day without 

receiving the required overtime premium.

14. Plaintiff has complied with all conditions precedent to bringing this 

suit, or same have been waived or abandoned.

15. Plaintiff has retained the services of the undersigned and is obligated to 

pay for the legal services provided.

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COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

(ALL DEFENDANTS)

16. Plaintiff reavers and realleges paragraphs 1-15 herein.

17. Plaintiff alleges this action pursuant to the Fair Labor Standards Act 

("FLSA"), 29 U.S.C. §§ 216 (b), that Plaintiff is entitled to: (i) time 

and-a-half overtime pay, and (ii) liquidated damages pursuant to the 

Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. 

18. Plaintiff seeks recovery of damages as referenced above and further 

seeks costs, and attorney’s fees pursuant to 29 U.S.C. § 216(b).

WHEREFORE, Plaintiff demands judgment against the Defendants, jointly 

and severally, plus costs, reasonable attorney’s fees, and such other remedy as the 

court deems just and appropriate.

Respectfully submitted,

Law Offices of Goldberg & Loren, P.A.

1776 N. Pine Island Rd.

Suite 224

Plantation, FL 33322

Phone: (954) 585-4878

Facsimile: (954) 585-4886

E-Mail: JLoren@goldbergloren.com

________________________

James M Loren, Esquire

Fla Bar No.: 0055409

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CERTIFICATE OF SERVICE

 I HEREBY CERTIFY that a true and correct copy of the foregoing was 

electronically filed on June 9, 2020 with the Clerk of Court using CM/ECF along 

with having served all counsel of record or pro se parties identified on the service 

list incorporated herein in the manner specified, either via transmission of 

Electronic filing generated by CM/ECF or in some other authorized manner for 

those counsel or parties not authorized to receive electronically Notice of 

Electronic Filing. 

By: /s/ James M. Loren, Esq.

 James M. Loren

SERVICE LIST

Littler Mendelson, P.C.

David B. Jordan, Esq.

1301 McKinney Street

Suite 1900

Houston, TX 77010

Via CM/ECF: djordan@littler.com

 pcantrell@littler.com

Triple BS Consulting, LLC.

Register Agent: Courtney Lynn Hylton 

204 Whitehead Lane

Leesville, LA 71446

Via U.S. Mail

AFS Petrologix, LLC.

Registered Agent: Lane Gremillion

4018 Highway 90 West

New Iberia, LA 70560

Via U.S. Mail

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