Mine Worker Unpaid Overtime | Josephson Dunlap LLP
Mine Worker Wage Alert

Are You a Mine Worker
Owed Unpaid Overtime?

Thousands of mine workers: from surface miners and underground operators to drillers and equipment mechanics, are denied the overtime pay they are legally owed. If your employer has used any of the tactics below, you may be entitled to recover significant back wages.

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Off-the-Clock / Pre-Shift Work
Employers require workers to prepare safety gear, attend pre-shift meetings, travel through mine locations, or perform equipment checks before the official "clock-in" time, without pay.
Straight Time Pay for Overtime Hours
Miners paid on a day rate or shift rate are often paid the same flat amount regardless of how many hours they work. They are not paid time-and-a-half for hours beyond 40 in a workweek.
Misclassification as Independent Contractors
Mining companies sometimes label workers as "independent contractors" to avoid paying overtime, even when those workers are treated just like direct employees.
Time Shaving & Altered Timecards
Supervisors or time systems can automatically round down worked time, delete "unapproved" overtime entries, or cap recorded hours at 40 per week. Even when you were performing work!
Unpaid Mine Travel & Portal-to-Portal Time
Underground miners may be entitled to compensation for travel time between the mine portal and their work site. Employers frequently fail to pay for this time that you may be owed money for!

* These are common violations in the mining industry. Every situation is different. A free consultation will help determine if you have a potential claim.

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Common Ways Mine Workers
Are Cheated Out of Wages

The Fair Labor Standards Act (FLSA) requires that most workers receive overtime pay at 1.5× their regular rate for all hours worked beyond 40 in a single workweek. Despite this clear federal law, wage violations in the mining industry are widespread.

01

Day Rate Without Overtime

Paying a flat daily rate (regardless of shift length or even if the employee agreed to it) does not exempt an employer from overtime obligations. If you worked more than 40 hours in a week, you are generally still owed a half-time premium on top of your day rate for each overtime hour.

02

Unpaid Pre- & Post-Shift Activities

Safety equipment donning and doffing, mandatory safety briefings, equipment inspections, and travel time from a meeting point to the actual work site are often things you should be paid for, according to federal law.

03

False "Exempt" Classification

Some mining companies incorrectly label maintenance supervisors, shift leads, or specialist operators as "exempt" from overtime under the executive or administrative exemptions. These exemptions are often just ways for the company to try and get around paying you for your overtime.

04

Contractor Misclassification

Workers hired through staffing agencies or labeled as independent contractors can sometimes still be entitled to overtime when working for a mining company. Just because the contract is written a certain way, doesn't mean it is legal.

05

Excluded Bonuses & Per Diem

Production bonuses, attendance bonuses, and certain per diem payments must often be included when calculating a worker's "regular rate" for overtime purposes. Excluding them can cause you to be underpaid on a regular basis.

06

Automated Time-Rounding Policies

Employers that consistently round your time down or use policies that always favor the employer can violate the FLSA. Over weeks and months, even small rounding discrepancies can add up to significant money.

Important: You generally have 3 years from the date of a violation to file a claim. Waiting too long can cost you money. A free case review with our team costs you nothing and can tell you if you could be owed money.

Simple. Fast. Free To Find Out If You're Owed!

Submit Your Assessment

Complete the short form above. It takes less than two minutes and is completely confidential. Someone will reach out to you within 24 hours - or call us now for an immediate response.

Free, Quick Consultation

A specialist from our team will call you, review your situation, and give you an assessment of whether you could have a potential overtime claim, at absolutely no charge to you.

We Build Your Case

If you have a potential claim, our attorneys and legal team will help you with gathering records, calculating damages, and building the strongest possible case to recover every dollar you're owed.

Recover Your Wages

You wait while we fight. We keep you informed throughout the process and work to maximize your recovery. You do not have to pay anything out of pocket to assess or begin your claim.

Don't Let the Clock Run Out
on Your Claim

Overtime violations have a statute of limitations. The sooner you act, the more back wages you may be able to recover. Start with a free, no-obligation case review today.