Bascom v. Kennecott Utah Copper LLC
Notice of Unpaid Overtime Lawsuit
To: All current and former hourly Kennecott employees who were paid a non-discretionary bonus and/or shift differential during the past 3 years (“FLSA Collective Members”).
Re: Notice and Consent Form for Nationwide Lawsuit Seeking Unpaid Wages and Overtime From Kennecott for the Past Three Years. This is not an advertisement from a lawyer. Deadline to return your Consent Form: December 8, 2026.
Important Date
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Deadline to return your Consent to Join Wage Claim Form
All consent forms must be received no later than this date. Return your form online, by mail, email, or fax. If you do not join, you will not recover any unpaid overtime compensation from Kennecott in this lawsuit.
Dates are subject to change; please check this website for updates.
About This Lawsuit
1. Why are you getting this notice?
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.
2. What is this lawsuit about?
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.
3. Are you eligible to join this lawsuit?
You are eligible to join this lawsuit if:
- You worked for Kennecott as an hourly employee at any time during the last three years; and
- 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.
Your Options
| Your option | What it means |
|---|---|
Join the lawsuit |
Read, sign, and return the Consent to Join Wage Claim Form by December 8, 2026 to join the lawsuit and make a claim for unpaid overtime wages. If this case is not successful, you will receive nothing and you will not be responsible for any fees or costs. |
Do nothing |
If you do not wish to be a part of the collective action lawsuit, you do not need to do anything. The decision to join or not to join is entirely yours. If you decide not to join you will not recover any unpaid overtime compensation from Kennecott in this lawsuit. |
Joining the Lawsuit
4. What are your options?
If you want to join the lawsuit and make a claim for unpaid overtime wages, you must read, sign, and return the Consent to Join Wage Claim Form by December 8, 2026. You may complete the form online on the Consent Form page of this website, or return it by mail, email, or fax to:
Overtime Lawsuit Against Kennecott (Bascom)
Josephson Dunlap, LLP
5847 San Felipe, Suite 2400
Houston, Texas 77057
Telephone: (888) 992-2990
Fax: (713) 352-3300
Email: info@mybackwages.com
If you do not wish to be a part of the collective action lawsuit, you do not need to do anything. The decision to join or not to join is entirely yours. If you decide not to join you will not recover any unpaid overtime compensation from Kennecott in this lawsuit.
5. Effect of making a claim for unpaid overtime wages
If you return a Consent to Join Overtime Wage Claim Form, you will join other FLSA Collective Members who worked for Kennecott and have made a claim for unpaid overtime wages. If this case is not successful, you will receive nothing and you will not be responsible for any fees or costs.
Please be advised: Participating in this lawsuit does not constitute a waiver or compromise of your privacy rights. The Court has determined that your participation in this lawsuit does not pose a risk to your personal information. Contact information and employment-related information provided or collected in connection with this lawsuit shall be kept confidential and only used for purposes of advancing your claims for unpaid back wages and overtime.
Because the FLSA only allows workers to recover up to the past three years of back wages, eligible workers who do not timely join this litigation by returning a Consent to Join Overtime Wage Claim Form may lose their rights to recover on claims for overtime for work performed in the past for Kennecott.
6. Retaliation is prohibited
This Court and Federal law prohibit anyone from firing or in any other way discriminating against you because you join this case. Kennecott agrees and will continue to abide by the law in this regard.
Your Lawyers
7. Your legal representation if you join
If you choose to join this collective action lawsuit by submitting the Consent to Join Wage Claim Form, you are agreeing to be represented by the Plaintiff’s attorneys, and your attorneys in this matter will be Michael Josephson, Andrew Dunlap, and Alyssa White of the law firm Josephson Dunlap, LLP and Richard (Rex) Burch of the law firm Bruckner Burch, PLLC. Their contact information is listed below and on the Contact page. You may also hire an attorney of your choice.
8. How can you receive more information?
If you have any questions about the collective action or your legal rights, you may contact counsel for the class of Kennecott employees directly at:
- Michael Josephson, Andrew Dunlap, and Alyssa White — Josephson Dunlap, LLP, 5847 San Felipe Plaza, Suite 2400, Houston, Texas 77057, (888) 992-2990, info@mybackwages.com.
- Richard J. (Rex) Burch — Bruckner Burch, PLLC, 5847 San Felipe Plaza, Suite 2400, Houston, Texas 77057, (713) 877-8788, frontdesk@brucknerburch.com.
You should not contact the Court to discuss this matter.
Time Is of the Essence
9. You have sixty (60) days to join this lawsuit
Your determination of whether or not to take action should be made quickly. Because the law only allows a person to recover up to three years of back wages from the date the Consent to Join Overtime Wage Claim Form is filed, time is of the essence. The longer you wait, the less you could potentially recover.
All consent forms must be received no later than December 8, 2026, which is sixty (60) days after this Notice was mailed to you. A Consent to Join Overtime Wage Claim Form is enclosed with a self-addressed stamped envelope, or you can email it or fill out the form online on the Consent Form page of this website.
You should not contact the Court to discuss this matter. If you have questions about the collective action or your legal rights, contact counsel for the class of Kennecott employees from the Contact page.