On August 1, 2022, employees of Consolidated Nuclear Security, LLC (“CNS”), filed a lawsuit against the company alleging unpaid overtime violations. The employees worked in the company’s Y-12 facility in Oak Ridge, TN within the following job categories (“Groups”): Electrical and Lineman/Linewoman, Air Conditioning and Refrigeration Mechanic, Asbestos Working Mechanic, Building Services, Carpenter, Machinist, Operator, Radiological Control Technician, Pipefitter , Sheetmetal , Stockkeeper, Garage Mechanic, Ironworker and Rigger, Machinist Assemblyperson, Machinist Cleaner, Outside Machinist Group and Welding .
The Complaint alleges that CNS violated the Fair Labor Standards Act by repeatedly engaging in a practice of failing to pay non-exempt employees overtime premiums. More specifically, the complaint alleges that CNS has intentionally and repeatedly engaged in the practice of under-reporting hours worked by these employees. Some examples brought in the complaint include; employees working off the clock when performing miscellaneous work activities, engaging in waiting time and walking time without counting the time as hours worked, and without pay, and changing into and out of required employer-provided protective gear and equipment. The case seeks to recover overtime premium pay for up to three years, liquidated (double) damages, and other statutorily permitted relief.
Our firm has partnered with The Law Office of Garry Ferraris and Donati Law in representing the workers in this case.
This case is entitled Hutzler et al. v. Consolidated Nuclear Security, LLC , a/k/a CNS Y-12, Case No. 3:21-cv-00303 (Eastern District of Tennessee)
Case Updates
May 21, 2024
A tentative settlement has been reached with CNS through mediation. The settlement still must be approved by the judge assigned to this case. Notice of the tentative settlement went out to all Plaintiffs on May 17, 2024. Plaintiffs must accept or reject their individual settlement offer no later than July 1, 2024. After this notice period, counsel will file a motion with the Court requesting approval of the settlement. You may review a copy of the Settlement Agreement HERE.
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Our FAQ
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How Do I Join This Case?
To make a claim in this case for any unpaid overtime under the FLSA, federal law, contact the case clerk, Chris Keup at (612) 256-3266 or ckeup@nka.com immediately.
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Am I Eligible?
You may be eligible to make a claim under the FLSA in this case if you worked as a non-exempt employee at CNS’ Y-12 Facility in Oak Ridge, TN at any time within the past three years and were not paid an overtime premium for all of the hours you worked over 40 per week. To our knowledge, eligible employees work or have worked within the following groups:
Electrical and Lineman/Linewoman Group, Air Conditioning and Refrigeration Mechanic Group, Asbestos Working Mechanic Group, Building Services Group, Carpenter Group, Machinist Group, Operator Group, Radiological Control Technician Group, Pipefitter Group, Sheetmetal Group, Stockkeeper Group, Garage Mechanic Group, Ironworker and Rigger Group, Machinist Assemblyperson Group, Machinist Cleaner Group, Outside Machinist Group and Welding Group
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Which Locations Are Included?
This case seeks to include current or past employees of CNS’ Y-12 Facility in Oak Ridge, TN, who work or have worked within the following groups:
Electrical and Lineman/Linewoman Group, Air Conditioning and Refrigeration Mechanic Group, Asbestos Working Mechanic Group, Building Services Group, Carpenter Group, Machinist Group, Operator Group, Radiological Control Technician Group, Pipefitter Group, Sheetmetal Group, Stockkeeper Group, Garage Mechanic Group, Ironworker and Rigger Group, Machinist Assemblyperson Group, Machinist Cleaner Group, Outside Machinist Group and Welding Group, at the Y-12 Facility in Oak Ridge, Tennessee within the past three years.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that CNS intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove I Worked Overtime?
If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay in this case. If CNS did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Can I Help?
If you know any past or current CNS employees working within the Y-12 Facility in Oak Ridge, TN who are interested in making a claim for unpaid overtime, please direct them to contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com to sign up.
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How Do I Learn More?
To learn more, contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.