$3.75M Preliminary Settlement Reached in California Unpaid Overtime Class Action

This is a settlement for the California Unpaid Wages lawsuit.

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Santa Clara, CA: Kellogg Brown & Root LLC has agreed to pay a $3.75 million settlement ending a California overtime and labor law class action lawsuit brought by construction workers who allege the company shorted them on meal periods as well as wages.

The 137 plaintiffs had worked on the Molycorp Mountain Pass rare earth facility in Mountain Pass, California. Under the terms of the proposed settlement, each class member will receive roughly $138 per qualifying work week of they worked during the class period of June 16, 2010, to Friday July 27, 2017. If all potential class members participate in the settlement, the average payout will be $3,100. The proposed settlement requires KBR to pay at least 50 percent of a $3.75 million settlement to participating claimants.

Named plaintiff David L. Totten will receive an award of $20,000. According to the settlement, another $25,000 will be distributed to plaintiffs.

In the complaint Totten alleged that he and other nonexempt workers at the Molycorp facility who worked on a project to build a salt recovery plant were required to park their vehicles in a designated lot and take company vehicles to and from the work site without being paid for that travel time. Further, the suit alleged the workers were not paid overtime or for second meal periods for workers' scheduled on 10-hour shifts. The project wrapped up in January 2014.

A final settlement hearing is scheduled for December. The case is David L. Totten v. Kellogg Brown & Root LLC et al., case number 5:14-cv-01766 in the U.S. District Court for the Central District of California.

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