Bascom v. Kennecott Utah Copper LLC
Notice of Unpaid Overtime Lawsuit

You received this notice because the Court in charge of this collective action lawsuit has ordered this notice be sent to persons who worked as hourly employees during the last three years and are identified by Kennecott’s records as a recipient of bonus pay or shift differential pay from Kennecott during that time.

The Court has “conditionally certified” a collective action lawsuit that may affect your legal rights to overtime wages Plaintiff alleges were unpaid. This Notice is intended to advise you of how your rights under the Fair Labor Standards Act (FLSA) may be affected by this lawsuit and describe how you can elect to participate to make a claim for any unpaid overtime wages to which you may be entitled.

The Court has taken no position regarding the merits of Plaintiff’s claims or Kennecott’s defenses at this time.

Austin Bascom, who works for Kennecott, filed this collective action lawsuit on behalf of himself and all current and former hourly Kennecott employees who were paid non-discretionary bonuses or shift differentials during the past 3 years.

Plaintiff Bascom alleges that Kennecott violated a federal law known as the Fair Labor Standards Act (FLSA), which requires employers to pay overtime compensation at one and a half times a worker’s regular rate of pay. Bascom alleges that Kennecott violated the FLSA because it excluded non-discretionary bonus and shift differential payments to employees from their regular rates of pay for purposes of overtime compensation, resulting in underpayment of overtime wages. Plaintiff now seeks to recover alleged unpaid overtime wage compensation, liquidated or double damages, plus an award of reasonable attorneys’ fees and costs for himself and all other similarly situated workers.

Kennecott denies these allegations and asserts that it has complied with the law and properly paid all employees at all times.

Because Kennecott records confirm that you worked as an hourly employee and you were paid a bonus or shift differential during the last three years, you are eligible to participate in this lawsuit to make a claim for any alleged unpaid overtime wages.

Should Plaintiff prevail in this lawsuit, you may recover damages for unpaid overtime wages due to time worked during the period July 14, 2023 to the present. The relevant time period for your claim will be calculated based on the date you return a completed Consent to Join Wage Claim Form, should you choose to return one.

You are eligible to join this lawsuit if:

1. You worked for Kennecott as an hourly employee at any time during the last three years; and
2. You were paid one or more bonuses and/or shift differentials.

Case-related costs can be awarded to the prevailing party. However, there is no cost to you to participate. The attorneys representing Plaintiff Bascom and the class of FLSA Collective Members are representing the workers on a contingency fee basis. They have elected to advance all costs of the litigation and will only be paid if this case settles, or they prevail at trial. You will not be responsible for any attorneys’ fees or out of pocket costs associated with the lawsuit.