Cathedral Energy Services Ltd. Announces Settlement of United States Collective Action Lawsuits
/NOT FOR DISSEMINATION IN THE UNITED STATES OF AMERICA/
CALGARY, Aug. 9, 2016 /CNW/ - Cathedral Energy Services Ltd. (TSX:CET) ("Cathedral" or the "Corporation") announces it has entered into a Settlement Agreement and Release (the "Settlement Agreement") in respect of two wage and hour lawsuits (the "Collective Actions") that were filed against Cathedral's wholly owned U.S. subsidiary Cathedral Energy Services Inc. ("Cathedral Inc."). The first collective action lawsuit, Wallace vs. Cathedral Energy Services Inc. ("Wallace"), was filed on November 6, 2014, in the United States District Court for the Southern District of Texas, Houston Division (the "Houston Court") alleging that Cathedral Inc. employed or contracted Measurement While Drilling ("MWD") and Directional Drilling ("DD") operators were entitled to recover unpaid overtime wages under the Fair Labor Standards Act ("FLSA"). The second collective action lawsuit, Price vs. Cathedral Energy Services Inc., was filed on April 9, 2015, in the United States District Court District of Colorado, Denver Division (and subsequently transferred to Houston Court) alleging that the Company incorrectly calculated the overtime pay for certain hourly paid operators in violation of the FLSA. Legal actions involving similar alleged FLSA violations have been filed in the United States against a number of other oilfield service companies. Cathedral has denied the allegations, and vigorously defended the litigation leading up to entering into the Settlement Agreement.
The Settlement Agreement provides a mechanism for finally resolving and releasing the claims for all Cathedral Inc. employed and contracted MWD and DD operators. Under the terms of the Settlement Agreement, the parties will establish a settlement fund of up to US$3.4 million. The final determination of the settlement fund amount will be based on the number of claimants that participate in the settlement and Cathedral estimates the final settlement amount will be in the US $2.9 million range. The Settlement Agreement contemplates structured quarterly payments which are subject to Cathedral's financial condition and Cathedral not being in violation of its credit facility covenants.
All claims in both Collective actions have been settled and the Houston Court, approved the settlement of the Wallace claim on August 8, 2016. Any settlement fund payments made by Cathedral are subject to the approval of Cathedral's banking syndicate.
FORWARD-LOOKING INFORMATION
This press release contains certain statements or disclosures relating to Cathedral that are based on the expectations of Cathedral as well as assumptions made by and information currently available to Cathedral which may constitute forward-looking information under applicable securities laws. In particular, the statements related to the final determination of the settlement fund amount will be based on the number of claimants that participate in the settlement and Cathedral estimates the final settlement amount will be in the US $2.9 million range and the settlement fund contemplates structured quarterly payments by the Corporation may contain forward-looking information. Many factors could cause the performance or achievement by Cathedral to be materially different from any future results, performance or achievements that may be expressed or implied by such forward-looking information. Cathedral's Annual Information Form and other documents filed with securities regulatory authorities (accessible through the SEDAR website (www.sedar.com) describe the risks, material assumptions and other factors that could influence actual results and which are incorporated herein by reference. Cathedral disclaims any intention or obligation to publicly update or revise any forward-looking information, whether as a result of new information, future events or otherwise, except as may be expressly required by applicable securities laws.
Cathedral Energy Services Ltd. (the "Company" or "Cathedral"), based in Calgary, Alberta is incorporated under the Business Corporations Act (Alberta) and operates in the U.S. under Cathedral Energy Services Inc. The Company is publicly traded on the Toronto Stock Exchange under the symbol "CET". Cathedral, is a trusted partner to North American energy companies requiring high performance directional drilling services and dependable flowback and production testing solutions. We work in partnership with our customers to tailor our equipment and expertise to meet their specific geographical and technical needs. Our experience, technologies and responsive personnel enable our customers to achieve higher efficiencies and lower project costs. For more information, visit www.cathedralenergyservices.com.
SOURCE Cathedral Energy Services Ltd.
Requests for further information should be directed to: P. Scott MacFarlane, President and Chief Executive Officer or Michael F. Hill, Chief Financial Officer: Cathedral Energy Services Ltd., 6030 3 Street S.E., Calgary, Alberta T2H 1K2, Telephone: 403.265.2560, Fax: 403.262.4682, www.cathedralenergyservices.com
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