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ROGERS v. TUG HILL OPERATING, LLC

No. 22-1480.

76 F.4th 279 (2023)

Lastephen ROGERS, Individually and for others similarly situated, Plaintiff-Appellant, v. TUG HILL OPERATING, LLC; RUSCO Operating, LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2023.

Attorney(s) appearing for the Case

ARGUED: Richard Jennings Burch , BRUCKNER BURCH PLLC, Houston, Texas, for Appellant. John Barrick Bollman , MCDERMOTT WILL & EMERY, LLP, Chicago, Illinois; Christian Charles Antkowiak , BUCHANAN INGERSOLL & ROONEY PC, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Anthony J. Majestro , POWELL & MAJESTRO PLLC, Charleston, West Virginia, for Appellant. Erin J. McLaughlin , BUCHANAN INGERSOLL & ROONEY PC, Pittsburgh, Pennsylvania, for Appellee Tug Hill Operating, LLC. Rachel B. Cowen , MCDERMOTT WILL & EMERY, LLP, Chicago, Illinois, for Appellee RUSCO Operating, LLC.

Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Harris joined.

Lastephen Rogers worked for Tug Hill Operating, LLC, a Texas-based oil and natural gas exploration and production company, for approximately a year and a half at rig sites in West Virginia. He commenced this action against Tug Hill under the Fair Labor Standards Act ("FLSA"), alleging that while Tug Hill formally classified...

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