On June 19, 2007, Former And Current Employees of Battelle Memorial Institute ("Battelle") at the TOCDF, Tooele, Utah, filed a class action lawsuit against Battelle for unpaid wages and overtime. If you are a current or former  employee who works or worked as an hourly employee for Battelle at the TOCDF, you may be entitled to overtime payments through this lawsuit.

The lawsuit was brought after the attorneys for the employees investigated Battelle practices and concluded that Battelle wrongly and systematically failed to pay proper wages and overtime to its employees. This lawsuit is currently pending in United States District Court for the Central District of Utah (Case Number 2:07-cv-401).  This website tells you how to participate, and provides important information about this case. 

This case is about Battelle's policy and/or practice that required its employees at the TOCDF to work off-the-clock hours during pre-shift time and lunch breaks without compensation during the relevant period of time from June 19, 2001 through June 19, 2007. 

We alleged that Battelle paid employees only from the time they arrived at their work stations, and thus did not pay them wages and overtime for the time it took from the time the employees picked up their masks from the mask trailer to the time they arrived at the work station ready in Battelle clothing.

Additionally, we alleged that Battelle automatically deducted 30 minutes per shift from the employee's compensable time for meal breaks.  However, Battelle places many severe restrictions on the employees during the 30-minute meal break, such as requiring employees to: be on call during lunch breaks, stay on premises, be in Battelle clothing, keep the mask carrier with them at all times, and frequently report back to work, etc. And thus the meal periods are spent predominantly for the employer's (Battelle's) benefit and therefore the employees should be compensated for the 30-minute meal breaks.

Employees are seeking to recover unpaid wages and overtime compensation, including liquidated damages and interest, reasonable attorneys’ fees and litigation costs under the Fair Labor Standards Act ("FLSA"), and the Utah State's wage laws.  

WHAT YOU MUST DO TO RECEIVE ANY MONEY YOU MAY BE OWED

To receive the full amount of unpaid overtime to which you may be entitled by law, you must join the lawsuit by filing the consent form. Please read this important information first before completing this form.

Click here to learn if you meet the criteria for joining this lawsuit.

If the Court determines that Battelle failed to pay you wages and/or overtime for all hours worked, the Court will then decide how much money Battelle owes you.

A number of Battelle employees have already signed up for this case.

YOU MUST ACT QUICKLY

Because of the statute of limitations, every day in which you delay joining the lawsuit will reduce or eliminate your ability to recover money. Therefore, if you want to join this lawsuit and recover the full amount of unpaid overtime to which you may be entitled by law, you must act immediately (by filing the consent form).

BATTELLE CANNOT RETALIATE AGAINST YOU FOR JOINING THE LAWSUIT

Federal law protects all employees for taking part in any lawsuit to recover their overtime pay. Therefore, if you participate in this lawsuit, you are protected by federal law against any type of retaliation by your employer. Click here to learn more about how you will be protected.

ADDITIONAL INFORMATION

If you have additional questions, you may find the answers in our Frequently Asked Questions (FAQs) section. If you don't find the information you are looking for in the FAQs section, and/or if you would like to speak confidentially to an attorney about your case, you can contact us. We would be very glad to talk to you free of charge about this case (whether you wish to join the lawsuit or not), and we assure you confidentiality.

Be sure to read important information about this case.

For latest updates about the progress of this lawsuit click here.  You can also access documents, such as pleadings, motions, and orders in this case here.

If you have any questions or need further information about this lawsuit or about filing a "consent form,” please contact the class counsel.

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