In the United States District Court for the Southern District of West Virginia, a lawsuit has been filed by Julie A. Su, Secretary of Labor, United States Department of Labor against Ben’s Creek Operations WV LLC. The case ID is 2:24-cv-00224 and it was filed on April 30, 2024. The lawsuit alleges that the defendant violated provisions of the Fair Labor Standards Act (FLSA) and seeks to enjoin them from further violations.
The plaintiff accuses Ben's Creek Operations WV LLC, a Delaware limited liability company operating in West Virginia, of violating Sections 6, 7, 15(a)(1), and 15(a)(2) of the FLSA. The defendant is involved in operating surface and underground coal mines, a prep plant for washing and preparation of coal for sale, and a rail loadout for transporting coal via train.
Approximately 40,000 tons of metallurgical coal produced by the defendant's employees valued at around $3 million to $4 million are stockpiled at their facility located at Glen Alum. During the period from March 31 to April 13, 2024 ("Relevant Period"), the defendant employed various individuals all listed elsewhere.
The plaintiff seeks a judgment against Ben’s Creek Operations WV LLC for back wage compensation found due to any employees under FLSA provisions and an equal amount in liquidated damages. Additionally, temporary restraining order, preliminary injunctions and permanent injunctions are sought to restrain further violations by transporting or selling goods produced in violation of FLSA sections.