CHARLESTON — A class action lawsuit has been filed against several mining companies alleging Fair Labor Standards Act violations.
Andrew Tolliver named Alpha Metallurgical Resources, Marfork Coal Company, Spartan Coal Company, Aracoma Coal Company and Paramont Contura as defendants in the suit.
Tolliver claims that he and other coal miners were not fairly compensated for all the time they worked, particularly at the beginning and end of their shifts, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Tolliver claims this includes time spent donning (putting on) and doffing (taking off) required safety clothing and equipment necessary for their coal mining duties.
Tolliver alleges that the defendants are a single integrated enterprise and/or joint employers of him and other similar employees as defined by the FLSA.
Tolliver points out several factors to support this, such as AMR being registered as the "Controller" of mines operated by its affiliates, having interrelated operations, centralized control of labor relations, common management and financial control, according to the suit.
The plaintiff contends that the defendants had control over the terms and conditions of employment, including hiring and firing, work schedules, pay rates and maintaining employee records.
Tolliver claims that because the work performed by him and others directly benefited the defendants' business and furthered their joint interests, the Defendants should be considered joint employers under the FLSA.
The lawsuit highlights the policies around donning and doffing safety clothing and equipment, as well as gathering tools and equipment before and after shifts, according to the suit.
The plaintiff and similarly situated employees were required to wear safety clothing, helmets, boots and gather tools like gas detectors and radios, the complaint states.
Tolliver claims these tasks were considered integral and indispensable to their work as underground coal miners.
The plaintiff alleges that within the last three years, they were not paid for the time spent donning and doffing safety clothing and equipment, as well as obtaining and returning tools and equipment before and after shifts.
Despite the ease of recording this time with the defendants' time clock, they chose not to do so, according to the suit.
Tolliver claims this resulted in the plaintiff and others regularly working more than 40 hours per workweek without proper compensation, including overtime pay.
Tolliver claims the defendants knowingly and willfully violated the FLSA by not compensating employees for essential work-related tasks, leading to unpaid wages and overtime.
"Defendants’ practice and policy of not paying Plaintiff and other similarly situated employees for time they spent donning and doffing safety clothing and other protective equipment, obtaining and putting away their tools and equipment, and for the associated travel, resulted in Defendants’ failure to pay Plaintiff and other similarly situated employees overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked in excess of forty (40) hours per workweek, in violation of the FLSA..." the complaint states.
The lawsuit seeks to recover unpaid wages and overtime compensation for the plaintiff and other similarly situated employees. Tolliver is represented by R. Booth Goodwin II, Benjamin B. Ware, W. Jeffrey Vollmer and Stephanie H. Daly of Goodwin & Goodwin in Charleston.
Attorneys for the plaintiff declined to comment on the litigation.
U.S. District Court for the Southern District of West Virginia case number: 2:24-cv-00128
