UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

MIDLAND DIVISION

EDGAR PEREZ CAMPOS individually and on 

behalf of all others similarly situated,

Case No.: 7:20-cv-00102

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

Rule 23 Class Action

v.

W & W ENERGY SERVICES, INC.

CLASS AND COLLECTIVE ACTION COMPLAINT

SUMMARY

1. This lawsuit seeks to recover overtime compensation and other damages for Perez 

Campos and his similarly situated co-workers – non-exempt hourly employees paid a per diem and 

other similarly situated individuals (collectively “Non-Exempt Laborers”) – who work or have worked 

for W & W Energy Services, Inc. (“W & W” or “W&W”), throughout the United States.

2. W & W’s problem is that it pays an hourly “per diem” that it unlawfully fails to include 

in overtime pay, as can be readily seen on its paystubs:

3. Perez Campos brings this collective action to recover unpaid overtime wages and other 

damages under the Fair Labor Standards Act (29 U.S.C. § 201, et seq.) (“FLSA”).

4. Perez Campos also brings his unpaid overtime wages claim under the New Mexico 

Minimum Wage Act, NMSA 50-4-19, et seq., (“NMMWA”) as a Rule 23 class action.

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5. According to its website, the W&W provides production and infrastructure services 

to oil producers in the Permian Basin region of the southwest United States.1 In 2019, W&W joined 

Petrofac Corporation, an international service provider to the oil, gas, and renewables industry.

2

Petrofac manages operations for clients in 29 countries.

6. Operating since 1986, W&W provides services in facility projects and construction, 

engineering and design, pipeline construction, field management, tank and equipment hauling, precase concrete, equipment rentals, and specialty truck hauling, among others.

7. W&W owns and maintains a central website for its business operations located at 

www.wandwenergy.com. From this central website, users are able to apply for employment at W&W. 

8. Per the W&W website, the company maintains 4 offices in Odessa, TX, Midland, TX, 

Monahans, TX, and Carlsbad, NM. 

9. W&W has compensated Non-Exempt Laborers on an hourly with a per diem as 

demonstrated on Perez Campos’s paystubs. 

10. Despite being non-exempt employees, W&W has failed to properly pay Non-Exempt 

Laborers overtime compensation at 1.5 times their regular rates of pay, which should include all 

compensation.

11. Here, W&W tied Non-Exempt Laborers’ per diem to the hours they worked. In that 

regard, Non-Exempt Laborers were paid the per diem only for days where they worked at least 4 hours 

in a day on a qualifying job site. 

 1 See W&W Website “About Us” (available at http://www.wandwenergy.com/About-Us/) (last accessed April 

14, 2020).

2 See W&W Website “About Us” (available at http://www.wandwenergy.com/About-Us/) (last accessed April 

14, 2020) 

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12. Perez Campos seeks to represent a class of similarly situated non-exempt workers 

under the FLSA pursuant to 29 U.S.C. § 216(b) that is defined as:

All current and former non-exempt hourly employees and other similarly 

situated individuals working for W & W Energy Services who were paid a per 

diem during the last three years (the “FLSA Class”).

13. Additionally, Perez Campos seeks to represent a seeks to represent a Rule 23 class of 

similarly situated day rate workers under the NMMWA that is defined as:

All current and former non-exempt hourly employees and other similarly 

situated individuals working for W&W Energy Services in New Mexico who 

were paid a per diem during the last three years (the “New Mexico Class”).

14. The members of the FLSA Class and the New Mexico Class are collectively referred 

to as “the Class Members.”

THE PARTIES

Edgar Perez Campos

15. Perez Campos is an adult individual who is a current resident of Texas. 

16. Camos Perez was employed as a tool pusher by W&W from approximately August 

2019 until approximately February 2020. He continues to work for the company as a laborer until the 

present. 

17. Perez Campos worked for W & W at job sites located around Odessa, TX and around 

Jal, NM. 

18. Perez Campos is a covered employee within the meaning of the FLSA.

19. A written consent form for Perez Campos is filed with this Collective Action 

Complaint as Exhibit 2. 

W & W 

20. W & W employed Perez Campos and similarly situated employees at all times relevant.

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21. W & W has had substantial control over Perez Campos’s and similarly situated 

employees’ working conditions, and over the unlawful policies and practices alleged herein.

22. W & W operates a single integrated enterprise that has employed Perez Campos and 

similarly situated employees at all times relevant.

23. During all relevant times, W & W has been Perez Campos’s employer within the 

meaning of the FLSA.

24. W & W is a foreign for-profit corporation organized and existing under the laws of 

Texas.

25. W & W’s principal executive office and corporate headquarters are located at 8180 

Lakeview Center Suite 200, Odessa, TX 79765.

26. W & W is a covered employer within the meaning of the FLSA and NMMWA. At all 

times relevant, W & W employed Perez Campos and similarly situated employees.

27. At all times relevant, W & W has maintained control, oversight, and direction over 

Perez Campos and similarly situated employees, including timekeeping, payroll, and other employment 

practices that applied to them. 

28. Perez Campos and the New Mexico Class members were employed by W & W in New 

Mexico for all of or a portion of their employment.

29. W & W applies the same employment policies, practices, and procedures to all NonExempt Laborers in its operation, including policies, practices, and procedures with respect to the 

payment of per diems and overtime compensation.

30. Upon information and belief, at all relevant times W & W has had an annual gross 

volume of sales in excess of $500,000.00.

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JURISDICTION AND VENUE

31. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337, and 

1367.

32. This Court also has jurisdiction over Perez Campos’s claims under the FLSA pursuant 

to 29 U.S.C. § 216(b).

33. This Court has supplemental jurisdiction over state law claims pursuant to 28 

U.S.C. § 1367.

34. Venue is proper in the Western District of Texas pursuant to 28 U.S.C. § 1391(b)(1) 

because W & W resides in the district and conducts business in this District. 

35. Perez Campos worked for W&W in this District. 

36. W&W maintains multiple offices in this District. 

COLLECTIVE ACTION ALLEGATIONS

37. Perez Campos brings the First Cause of Action, an FLSA claim, on behalf of himself 

and all similarly situated persons who work or have worked as Non-Exempt Laborers for W&W 

throughout the United States who elect to opt-in to this action (the “FLSA Collective”).

38. W & W is liable under the FLSA for, inter alia, failing to properly compensate Perez 

Campos and the FLSA Collective.

39. Consistent with W & W’s policies and patterns or practices, Perez Campos and the 

FLSA Collective were not paid the proper premium overtime compensation of 1.5 times their regular 

rates of pay for all hours worked beyond 40 per workweek.

40. All of the work that Perez Campos and the FLSA Collective have performed has been 

assigned by W & W, and/or W & W has been aware of all of the work that Perez Campos and the 

FLSA Collective have performed.

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41. As part of its regular business practice, W & W has intentionally, willfully, and 

repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to Perez 

Campos and the FLSA Collective. This policy and pattern or practice includes, but is not limited to, 

willfully failing to pay their employees, including Perez Campos and the FLSA Collective, proper 

premium overtime wages for all hours worked in excess of 40 hours per workweek.

CLASS ACTION ALLEGATIONS

42. Perez Campos brings the second cause of action on behalf of himself and the New 

Mexico Class Members for violations of the NMMWA’s overtime provisions (NMMWA § 50-4-22).

43. W & W is subject to the requirements of the NMMWA.

44. W & W employed Perez Campos and each member of the New Mexico Class as an 

“employee” within the meaning of the NMMWA. 

45. The NMMWA requires employers to pay employees at one and one-half (1.5) times 

the regular rate of pay for hours worked in excess of forty (40) hours in any one week. 

46. Perez Campos and each member of the New Mexico Class are entitled to overtime 

pay under the NMMWA.

PLAINTIFF’S FACTUAL ALLEGATIONS

47. Consistent with its policies and patterns or practices as described herein, W & W

harmed Plaintiff, individually, as follows:

Edgar Perez Campos

48. Perez Campos has been employed by W&W since approximately August 2019. He has 

worked as a tool pusher and laborer at job sites located in Texas and New Mexico. 

49. During his employment, Perez Campos generally worked over 40 hours per week. 

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50. During his time working on W & W’s job site in the vicinity of Jal, NM, W & W

compensated Perez Campos on an hourly and per diem basis. In this regard, W & W paid Perez Campos

$23.00 per hour for all hours up to and including 40 per workweek.

51. In addition to this hourly wage, W & W compensated Perez Campos with an $80 “per 

diem” that was tied to the number of hours that he worked at the job site on a given day.

52. Despite regularly working over 40 hours per workweek, W & W failed to compensate 

Perez Campos with the proper overtime compensation of 1.5 times his regular rate of pay, which 

should have included all per diem payments, for all hours he was suffered or permitted to work in excess 

of 40 hours per workweek.

FIRST CAUSE OF ACTION

Fair Labor Standards Act – Overtime Wages

(Brought on behalf of Plaintiff and the FLSA Collective)

53. Perez Campos realleges and incorporates by reference all allegations in all preceding 

paragraphs.

54. The overtime wage provisions set forth in the FLSA, 29 U.S.C. §§ 201 et seq., and the 

supporting federal regulations, apply to W & W and protect Perez Campos and the members of the 

FLSA Collective. 

55. During this time, Perez Campos and the FLSA Collective regularly worked in excess 

of 40 hours per week.

56. W & W failed to pay Perez Campos and the FLSA Collective the premium overtime 

wages to which they were entitled under the FLSA – at a rate of 1.5 times their regular rates of pay, 

which should have included all earnings per workweek – for all hours worked beyond 40 per 

workweek.

57. As a result of W & W’s willful violations of the FLSA, Perez Campos and the FLSA 

Collective have suffered damages by being denied overtime compensation in amounts to be 

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determined at trial, and are entitled to recovery of such amounts, liquidated damages, prejudgment 

interest, attorneys’ fees, costs, and other compensation pursuant to 29 U.S.C. §§ 201 et seq.

SECOND CAUSE OF ACTION

New Mexico Minimum Wage Act – Overtime Wages

(Brought on behalf of Plaintiff and the New Mexico Class)

58. Perez Campos realleges and incorporated by reference all allegations in all preceding 

paragraphs. 

59. The overtime wage provisions set forth in the NMMWA, NMSA 50-4-19, et seq., and 

the supporting regulations, apply to W & W and protect Perez Campos and the members of the New 

Mexico Class. 

60. During this time, Perez Campos and the New Mexico Class regularly worked in excess 

of 40 hours per week.

61. W & W failed to pay Perez Campos and the FLSA Collective the premium overtime 

wages to which they were entitled under the NMMWA – at a rate of 1.5 times their regular rates of 

pay, which should have included all earnings per workweek – for all hours worked beyond 40 per 

workweek.

62. Perez Campos and each member of the New Mexico Class seek unpaid overtime in 

amount equal to 1.5 times the regular rate of pay for work performed in excess of 40 hours in a 

workweek, liquidated damages, treble damages, prejudgment interest, all available penalty wages, and 

such other legal and equitable relief as the Court deems just and proper from W & W.

63. Perez Campos and each member of the New Mexico Class also seek recovery of 

attorneys’ fees, costs, and expenses of this action, to be paid by W & W, as provided by the NMMWA.

PRAYER FOR RELIEF

64. WHEREFORE, Perez Campos, individually, and on behalf of all other similarly 

situated persons, respectfully requests that this Court grant the following relief:

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a. That, at the earliest possible time, Perez Campos be allowed to give notice of this 

collective action, or that the Court issue such notice, to all Non-Exempt Laborers who received per 

diem payments who are presently, or have at any time during the three years immediately preceding the 

filing of this suit, up through and including the date of this Court’s issuance of court-supervised notice, 

worked for W&W. Such notice shall inform them that this civil action has been filed, of the nature 

of the action, and of their right to join this lawsuit if they believe they were denied proper wages;

b. An order certifying the New Mexico Class as a class action under Rule 23;

c. Judgment pursuant to Section 16(b) of the FLSA finding W & W liable for unpaid 

back wages due to Perez Campos and the FLSA Class members and for liquidated damages equal in 

amount to their unpaid compensation;

d. Judgment awarding Perez Campos and the New Mexico Class overtime for all 

worked performed in excess of 40 hours in a workweek, liquidated damages, treble damages, all 

available penalty wages available under the NMMWA;

e. Prejudgment and post-judgment interest;

f. Reasonable attorneys’ fees and costs of the action; and

g. Such other relief as this Court shall deem just and proper.

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Dated: April 24, 2020 Respectfully submitted,

/s/ David I. Moulton

By: _____________________________

Richard J. (Rex) Burch

Texas Bar No. 24001807

David I. Moulton

Texas Bar No. 24051093

BRUCKNER BURCH PLLC

8 Greenway Plaza, Suite 1500

Houston, Texas 77046

Telephone: (713) 877-8788

Telecopier: (713) 877-8065

rburch@brucknerburch.com

dmoulton@brucknerburch.com

FITAPELLI & SCHAFFER, LLP

Joseph A. Fitapelli, pro hac vice forthcoming

Armando A. Ortiz, pro hac vice forthcoming

28 Liberty Street, 30th Floor

New York, New York 10005

Telephone: (212) 300-0375

Attorneys for Plaintiff and the Classes

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