Coal Mine Operator in W. Va. Agrees to Pay Over $1 Million in Back Wages, Damages
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A West Virginia coal mine operator has agreed to pay $1,435,028 in back wages and damages, according to the U.S. Department of Labor.
The judgment, decided by the U.S. District Court for the Southern District of West Virginia, requires the mine operator to pay $717,514 in back wages to 214 employees, the agency said Thursday.
The mine operator, XMV Inc., operates three underground coal mines in McDowell County.
“This judgment sends a clear message that disregarding the basic rights of employees carries a high cost,” Regional Solicitor Oscar L. Hampton III, in Philadelphia, said in a statement.
After being investigated by the U.S. Department of Labor’s Wage and Hour Division (WHD), it was discovered that XMV was in violation of the Fair Labor Standards Act. The FLSA deals with an employee’s overtime, minimum wage, labor standards, and other employee rights, according to the press release from the U.S. Department of Labor.
XMV has been found, by WHD, to have violated overtime provisions of FLSA to electricians, surveyors, office clerk, and belt and ventilation maintenance personnel, the news release said. Though these employees worked more than 40 hours in a work week they were not paid overtime.
XMV also failed to provide employees with bonuses earned by working overtime. Aside from failure to pay overtime, XMV also violated the record keeping requirements of the FLSA, according to the news release.
John DuMont of the WHD in Pittsburgh said, “When an employer fails to ensure its employees receive the wages they’re legally owed under the FLSA, we must respond.”
“This judgment illustrates the U.S. Department of Labor’s commitment to ensuring employees receive all the wages they have rightfully earned, and that employers compete on a level playing field,” DuMont said.
WHD strives to aid employers in their responsibilities and understanding the varieties of laws the Division requires.
If any employers discover violations in overtime or minimum wage, they can report themselves and resolve the issues through the PAID program. For information of the FLSA call the toll-free helpline at 866-4US-WAGE.
Source: Bluefield Daily Telegraph
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