BECKLEY – Two men are suing Arch Coal after they claim it violated the Fair Labor Standards Act by failing to properly pay them for all hours worked.
Thomas H. Higgins and Ricky D. Wagner were employed by Arch Coal and were “exempt” employees and were not paid overtime wages for hours worked over 40 hours in a workweek, according to two complaints filed Feb. 14 in U.S. District Court for the Southern District of West Virginia.
The plaintiffs claim they typically worked between 50 and 66 work weeks and had worked as much as 68 or 72 hours in one week.
The plaintiffs’ job duties did not qualify them for any exemption from the overtime provisions of the Fair Labor Standards Act, according to the suits.
The plaintiffs claim the defendant violated FLSA and caused them damages.
Arch Coal told the plaintiffs that they had to “work for free,” according to the suits.
The plaintiffs are seeking compensatory damages. They are being represented by Mark Goldner and Maria W. Hughes of Hughes & Goldner.
U.S. District Court for the Southern District of West Virginia case number: 5:18-cv-00311, 5:18-cv-00312