A federal district court denied Kennecott Utah Copper LLC’s motion to dismiss overtime wage claims under the Fair Labor Standards Act brought by a haulage operator who alleged that non-discretionary bonuses were not included in his regular rate of pay for overtime calculations, finding that FLSA claims are not preempted by either the National Labor Relations Act or Labor-Management Relations Act because FLSA rights exist independently of collective bargaining agreements and do not require interpretation of such agreements.
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