In a bold legal move, a former employee has filed a lawsuit against two prominent companies in the oil and gas industry, alleging they failed to pay overtime wages as required by law. Carl Birdwell, the plaintiff, submitted the complaint on December 11, 2025, in the United States District Court for the Southern District of Texas, Houston Division. The defendants named in this case are DCS All American, LLC and Kayden Industries (USA), Inc.
The lawsuit centers around allegations that DCS All American and Kayden Industries misclassified Birdwell and other similarly situated employees as independent contractors to avoid paying overtime wages. Birdwell claims that he worked as a solids control hand from March 2021 to March 2025 for these companies and regularly clocked over 40 hours per week without receiving the legally mandated overtime compensation. According to the Fair Labor Standards Act (FLSA), employers must pay employees one-and-a-half times their regular rate for hours worked beyond 40 in a workweek. However, Birdwell asserts that both companies paid him a flat daily rate regardless of his actual hours worked.
Birdwell’s complaint further alleges that DCS All American and Kayden Industries exercised significant control over his work schedule and job duties, treating him more like an employee than an independent contractor. He states that he received daily instructions from DCS and was provided with necessary equipment by Kayden Industries. The lawsuit also highlights that Birdwell did not incur any operating expenses typically associated with independent contractors, such as rent or insurance.
The complaint seeks to recover unpaid overtime wages for Birdwell and other “Day Rate Employees” who were similarly misclassified. Birdwell is pursuing collective action status under the FLSA for current and former employees nationwide who were paid a day rate without overtime compensation. Additionally, he seeks class certification under Rule 23 for workers in New Mexico and Oregon who faced similar wage violations under state laws.
Birdwell is requesting various forms of relief from the court, including unpaid overtime wages with liquidated damages, statutory penalties under state laws, prejudgment interest on unpaid wages, attorneys’ fees, and costs of action. The lawsuit also demands declaratory judgment stating that the practices complained of are unlawful under federal and state labor laws.
Representing Carl Birdwell is attorney Trang Q. Tran from Tran Law Firm based in Houston, Texas. The case has been assigned Civil Action No. 4:25-cv-05968 in front of judges at the Southern District of Texas Court.
Source: 425cv5968_Carl_Birdwell_v_DCS_Complaint_Southern_District_of_Texas.pdf
