Mining Co. Workers Nab Conditional Cert. In OT Rounding Suit

By Max Kutner (May 26, 2021, 7:14 PM EDT) -- Production employees claiming a sand mine operator deprived them of overtime pay by rounding their hours can move forward as a conditional collective, a Wisconsin federal judge ruled Wednesday, saying there was enough evidence indicating that the workers suffered from the same policy.

In an opinion and order, U.S. District Judge William M. Conley said the production employees had sufficiently shown they experienced the same timekeeping policy by WP Operations LLC that allegedly violated the Fair Labor Standards Act and Wisconsin labor law.

"At this stage of the lawsuit, this evidence is adequate to show that all production employees were victims...

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