CHARLESTON — A coal miner employed at Ramaco Resources has filed a class action lawsuit accusing the company of failing to pay its hourly workers, including himself, for overtime and other compensable time.
The lawsuit, filed under the Fair Labor Standards Act, highlights what Cody Lester alleges are unlawful wage practices affecting numerous workers across Ramaco’s operations in West Virginia and beyond.
Lester has been employed since 2021 as a move crew member at the Stonecoal Branch Mine No. 2, part of the Elk Creek Mine Complex in Logan County, according to a complaint filed Dec. 27 in U.S. District Court for the Southern District of West Virginia.
The plaintiff's role involves installing mine belt structures, operating equipment and performing other essential tasks underground.
Lester asserts that he regularly works approximately 54 hours per week but is not paid for all his hours worked, including overtime.
Central to the lawsuit is Ramaco’s alleged "pre/post shift off-the-clock policy," which Lester claims forces hourly workers to perform significant tasks without pay.
Lester claims these tasks include donning protective gear, such as hard hats, steel-toed boots and safety glasses; gathering tools and equipment necessary for their duties; and washing up, removing gear and storing equipment after shifts.
Lester contends that these activities, which take about 45 minutes before shifts and 30 minutes after, are integral to his job but occur "off the clock."
As a result, he and other hourly employees allegedly miss out on substantial wages.
"Ramaco fails to exercise its duty as the Hourly Employees’ employer to ensure they are not performing work 'off the clock' on its premises that Ramaco does not want performed," the complaint states. "And Ramaco knows, should know, or recklessly disregards whether Lester and the other Hourly Employees routinely perform work 'off the clock,' and without compensation, before and after their scheduled shifts."
The lawsuit also accuses Ramaco of failing to calculate overtime correctly by excluding non-discretionary safety and retention bonuses from regular pay rates, violating FLSA requirements.
Workers are entitled to 1.5 times their regular pay for hours worked over 40 per week, including all remuneration.
Lester’s claims extend beyond his individual case, as he seeks to represent all hourly employees at Ramaco subjected to similar policies. Lester alleges that the company knowingly benefits from unpaid labor, allowing workers to perform necessary tasks without compensation.
The FLSA mandates that employers pay workers for all hours worked, including time spent on activities integral to their job.
Federal regulations explicitly recognize tasks such as donning safety gear and gathering tools as compensable when necessary for the job, the complaint states.
Lester and other workers reportedly complained to supervisors and human resources about the unpaid hours, but their concerns went unaddressed. The lawsuit alleges that Ramaco willfully violated labor laws, making the company liable for back pay, damages and attorney fees.
Lester is seeking compensatory damages. He is represented by Anthony J. Majestro and Graham B. Platz of Powell & Majestro; Michael A. Josephson and Andrew W. Dunlap of Josephson & Dunlap; and Richard J. Burch of Bruckner Burch.
Attorneys did not respond to requests for comment before publication.
U.S. District Court for the Southern District of West Virginia case number: 2:24-cv-00742