So, what is the issue?
Across the country, mine workers are losing out on hard-earned wages. Employers are cutting corners and violating federal and state wage laws, often without their workers realizing it.
From not receiving time-and-a-half for overtime, being forced to work off-the-clock, bonuses excluded from pay, or even being misclassified as exempt to avoid overtime altogether. These practices violate federal law, and in certain states, workers are entitled to even greater protections.
Could you be owed?
It takes less than 30 seconds to complete the confidential assessment below and find out if your employer has been underpaying you. You may be entitled to significant back pay for unpaid wages and overtime.
Frequently Asked Questions
Mine workers usually face violations, such ass:
- Supervisors or foremen recording their time inaccurately.
- Required to attend safety meetings or put on protective gear and equipment before their shift.
- Required to work through breaks to meet production deadlines.
- Required to stay late to clean and prepare tools for the next day.
- Employers failing to include bonuses or reimbursements when calculating overtime pay.
These practices violate the Fair Labor Standards Act (FLSA), which guarantees that all eligible workers must be paid at least time-and-a-half for every hour worked over 40 in a workweek.
Most miner workers don’t realize that their bonuses must increase their overtime rate according to the Fair Labor Standards Act (FLSA).
Here’s how it works:
- Your overtime pay is based on your regular rate of pay.
- That regular rate must include your hourly wage plus most non-discretionary bonuses, such as safety, production, retention, or performance bonuses.
- If your employer ignores the bonus and only uses your hourly wage, your overtime rate of pay is lower than it should be!
Example: If you earn $20/hour and get a $200 production bonus in a week you work 50 hours, your real overtime rate should go up from $30/hour to about $36/hour. If your employer doesn’t factor in the bonus, you lose money every overtime hour.
If you’re getting bonuses and working overtime, your overtime pay should be higher than just “time-and-a-half” on your base wage. If it’s not, you may be owed back wages.
We know bonuses can be paid weekly, monthly, quarterly, or annually, depending on company policy. However, when it comes to your rate of pay and your overtime, what you need to remember is that the law requires that any non-discretionary bonus must be included in your regular rate of pay for the period it covers. If the bonus applies to a specific workweek or multiple weeks, your employer must use your new regular rate to calculate overtime.
According to the FLSA, your workday starts when you begin your “principal activities”, not necessarily when your shift is scheduled to begin, when you are allowed to clock in, or when youre foreman or supervisor marks you as clocked in. That includes tasks integral and essential to your job, such as putting on required protective gear, walking between changing areas and your workstation, and required safety or instructional meetings before your principal activity beings.
That means:
- Donning (putting on) and doffing (removing) required safety gear, when done on employer premises, is compensable time if necessary for your job
- Walking or being transported between the changing area and worksite, after you begin your first principal activity, is also compensable
- Mandatory safety or instruction meeting before you are allowed to clock in
Employers sometimes ask that workers perform duties before clocking in, after clocking out, or during unpaid breaks. Sometimes you may not even know that the time you are putting in can be counted as compensable time because it’s part of the unwritten rules of the job, or it’s simply expected of you. Some examples of this include:
- Safety checks before a shift.
- Putting on or removing required protective gear.
- Filling out paperwork or reports after a shift.
- Waiting for equipment or transportation before or after your shift is over.
Federal law (FLSA) requires that all hours worked must be counted and paid. However, some state laws are even stricter, giving workers stronger protections. For example, certain states require compensation for tasks like mandatory gear-up time or travel between work sites. If you’re working off-the-clock without pay, you may be owed significant back wages.
If you’re not sure whether you’ve been paid correctly, here are some signs you may be underpaid:
- You receive the same rate for overtime as for regular hours.
- You don't know if your bonuses count towards your overtime.
- You regularly perform tasks before or after clocking in, or on your break without pay.
- You’ve been told you’re exempt from overtime, even though you’re required to clock in and clock out like an hourly employee.
The best way to know for sure is to check your eligibility. Our team is investigating these violations across the country, and you may be owed back wages if your employer has not followed the law.