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If you’re a miner, every minute on the job counts—but is every minute being counted on your paycheck? Many miners are unknowingly leaving money behind due to two common wage issues: unpaid time spent putting on and taking off personal protective equipment (PPE) and improperly calculated overtime wages that exclude bonus compensation. These overlooked earnings could add up to thousands of dollars over time.
First, let’s talk about preparation time. Under the Fair Labor Standards Act (FLSA), any activity deemed “integral and indispensable” to your job must be paid. For miners, donning and doffing PPE—like helmets, gloves, respirators, and boots—is essential to performing your work safely. If you spend 15 to 45 minutes every shift suiting up and closing down, that time adds up quickly. Over weeks, months, and years, unpaid preparation time can cost you significant wages, and you may be entitled to recover back pay.
The second issue miners face is improperly calculated overtime pay. Overtime wages must be based on your “regular rate of pay,” which includes bonuses, shift differentials, and incentives—not just your base hourly wage. If you receive production bonuses or safety incentives, those amounts must be factored into your overtime rate. When employers fail to include these extras, it reduces your overtime pay, potentially costing you thousands of dollars annually.
The financial impact of these wage violations can be staggering. For instance, if you work overtime regularly and earn bonuses that aren’t included in your overtime rate, or if your preparation time goes unpaid, your employer could owe you years of back pay—and possibly double damages under the FLSA.
If you suspect you’re not being paid for all the time you work or your overtime pay is being shorted, it’s time to take action. Start by reviewing your pay stubs, tracking your preparation time, and identifying any bonuses or incentives that should factor into your overtime. With legal help, you can pursue the wages you’ve earned and hold your employer accountable.
Don’t let your hard work go uncompensated. Contact Kennedy Law Firm today for a free case review.