Get What You’ve Earned: A Miner’s Guide to Wage Rights

How to reclaim your unpaid wages for preparation time and overtime miscalculations.

Miners work some of the toughest jobs in the country, often putting in long hours to keep operations running. Yet many miners don’t realize they may be losing out on wages they’ve rightfully earned. Two of the most common violations under the Fair Labor Standards Act (FLSA) are unpaid time for donning and doffing personal protective equipment (PPE) and overtime pay miscalculations. If this sounds familiar, you may have the right to reclaim thousands of dollars in unpaid wages.

The FLSA requires employers to pay for all work that is “integral and indispensable” to a job. For miners, this includes the time spent putting on and taking off safety gear like helmets, gloves, and respirators. It also includes mandatory pre-shift activities, such as traveling within the mine or attending safety meetings. Over the course of a year, 15-20 minutes a day of unpaid preparation time can add up to significant back pay.

Overtime pay violations are another major issue. By law, your overtime rate must include not just your base hourly wage but also any bonuses, incentives, or shift differentials you earn. For example, if you receive safety bonuses or production incentives, those amounts should be factored into your regular rate of pay when calculating overtime. Employers who ignore these extras shortchange workers and violate wage laws, potentially costing miners thousands in lost overtime wages.

Workers in similar industries, like manufacturing and construction, have successfully recovered unpaid wages through legal claims. With the help of experienced attorneys, they’ve held employers accountable and recovered back pay—and often double damages—for wage violations. The same can happen for miners who stand up for their rights.

If you suspect you’re being shorted on your wages, start keeping detailed records of your work activities, including preparation time and overtime hours. Consult with an attorney who understands wage and hour laws to help you calculate what you’re owed and file a claim.

Contact Kennedy Law Firm today for a free case review.