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Nevada gold mine accused of failing to pay employees for time worked

Emerson Drewes, Las Vegas Review-Journal on

Published in Business News

A class-action lawsuit filed against Nevada Gold Mines claims the Elko operation fails to pay employees for all time worked, including overtime.

The lawsuit, filed by NGM employees, Kyle Wieben and Austin Stockstill, in U.S. District Court of Nevada, claims the mine requires employees take a company shuttle from the parking lot to the mine, which takes an hour and 20 minutes each way. But the company considers the travel time as uncompensated and “off the clock.”

Additionally, all time spent before and after shift, including getting in and out of protective gear, gathering and putting away equipment, attending “line out” meetings and wash up are considered “off the clock.” The employees state in the lawsuit filed Oct. 22 that these are “principal job duties” needed to perform in the mines and take around 15 to 45 minutes each day, in which they are not compensated.

While inside the mine, workers are not allowed to take meal breaks or rest periods and are required to work throughout their entire shifts, the lawsuit claims.

NGM couldn’t immediately be reached for comment on the lawsuit.

NGM is “the single largest gold-producing complex in the world,” according to the suit and the mine’s website.

The plaintiffs are asking for unpaid wages, including overtime wages, liquidated damages, statutory damages and any other penalties available.

 

“NGM assumes that Plaintiffs and the other Hourly Employees work exactly the amount of time allocated in their pre-scheduled shifts each workday and pays them only for these pre-scheduled hours,” stated the lawsuit, calling it a “shift rate pay scheme.”

Plaintiffs and other hourly workers would typically work “on the clock” 48 to 60 hours in a work week, or around 12-hour shifts, four to five days a week, without being compensated for overtime pay, the lawsuit claims.

“Plaintiffs did not clock in and out or otherwise record their actual hours worked,” the suit stated. “Instead, NGM subjected Plaintiffs and the other Hourly Employees to its shift rate pay scheme.”

Addionally, the lawsuit states terminated employees also didn’t receive all earned wages, a violation of Nevada law.

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