On October 27, 2024, 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; Building Services; Carpenter; Machinist; Operator; Radiological Control Technician; Pipefitter; Sheetmetal; Garage Mechanic; Ironworker; Machinist Assemblyperson; Machinist Cleaner; Outside Machinist; 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 for at least three years prior to the filing of the Complaint and continuing until September 10, 2024. More specifically, the Complaint alleges that during relevant time period, CNS intentionally and repeatedly engaged in the practice of under-reporting hours worked by its employees. Some examples brought in the complaint include employees working off the clock when engaging in waiting time and walking time, while performing miscellaneous activities, and when 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. [SR1]
Our firm has partnered with The Law Office of Garry Ferraris and Jennifer Morton Law PLLC in representing the workers in this case.
This case entitled Gardner, et al. v. Consolidated Nuclear Security, LLC Case No. 3:24-cv-00436-KAC-JEM (Eastern District of Tennessee)
Case Updates
June 8, 2026
The Law Office of Garry Ferraris and Jennifer Morton Law PLLC recently associated with Nichols Kaster, PLLP as co-counsel on this case. CNS filed a motion for summary judgment and a motion to sever the 600+ claims in this case into separate individual lawsuits.
We are in the process of preparing responses to these motions which are due at the end of July.
Attorneys
Staff
- Sam Pingree
- Bridget Peterson
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How Do I Learn More?
To learn more, contact the case clerk, Bridget Peterson, at (612) 256-3249 or bpeterson@nka.com.
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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 participating in the lawsuit.
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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 two to three years.
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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, Bridget Peterson at (612) 256-3249 or bpeterson@nka.com immediately.
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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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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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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. Additionally, Plaintiffs’ claims continue to until September 10, 2024, when Defendant began to implement changes to comply with the FLSA’s requirements.
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Can I Join This Case?
If you previously joined the case and have not withdrawn your consent form, you are considered a Plaintiff in this lawsuit. If you did not previously join before today’s date (June 8, 2026), we are no longer accepting any new consent forms or new Plaintiffs.
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Which Locations Are Included?
This case seeks to include past employees of CNS’ Y-12 Facility in Oak Ridge, TN, who worked within one of the above groups prior to September 10, 2024.
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Who are the Plaintiffs?
The 600+ Plaintiffs in this case worked in various groups including the following: Electrical and Lineman/Linewoman Group; Air Conditioning and Refrigeration Mechanic Group; Building Services Group; Carpenter Group; Machinist Group; Operator Group; Radiological Control Technician Group; Pipefitter Group; Sheetmetal Group; Garage Mechanic Group; Ironworker Group; Machinist Assemblyperson Group; Machinist Cleaner Group; Outside Machinist Group; and Welding Group.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.