Mining Co. Workers Nab Conditional Cert. In OT flare suit

Law360 (May 26, 2021, 7:14 p.m. EDT) – Production workers claiming a sand mine operator deprived them of overtime pay by rounding up their hours can move forward as a conditional collective, a Wisconsin federal judge ruled on Wednesday, saying there was enough evidence that workers suffered from the same policy.

In a notice and order, U.S. District Judge William M. Conley said production workers had sufficiently shown that they had experienced the same WP Operations LLC timing policy that allegedly violated the Fair Labor Standards Act and Wisconsin labor law.

“At this stage of the trial, this evidence is sufficient to show that all production workers were victims …

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