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If you work in mining, your day doesn’t begin when you hit the job site—it begins the moment you start preparing for work. Putting on personal protective equipment (PPE) like helmets, gloves, respirators, and boots is essential for your safety, and it’s a task your employer requires. But did you know that under federal law, this time must be compensated? Many mining companies fail to pay workers for these crucial minutes, leading to significant hidden wage theft.
The Fair Labor Standards Act (FLSA) clearly states that time spent on activities deemed “integral and indispensable” to your job is compensable work. For miners, suiting up (“donning”) PPE before a shift and removing it afterward isn’t optional—it’s necessary for your safety. Yet, some employers overlook this requirement, shaving valuable minutes off your paycheck every day. While 15 to 30 minutes per shift might not seem like much, the losses add up quickly, especially if your work overtime hours. Over weeks, months, and years, this unpaid time can amount to thousands of dollars in lost wages.
Real-world cases have shown how failing to compensate workers for donning and doffing can lead to major payouts. In one instance, a group of workers successfully recovered years’ worth of unpaid wages after proving their employer neglected to count the time spent putting on mandatory safety gear. For example, Tyson poultry paid $32 million to workers for claims that they spent time taking off and putting on PPE. Other meat processing plants followed suit. Now it’s time for miners to recover their back wages as well. These cases highlight a clear legal precedent: if your employer requires you to prepare for your job by suiting up, they are legally obligated to pay you for that time.
To determine if you’re missing out on wages, track the time it takes you to don and doff your PPE each day. Compare that time against your paycheck and hourly wage. If you discover a discrepancy, you’re not alone—and you have options. Legal action can help you recover the compensation you’ve earned.
Don’t let your hard work go unpaid. Contact Kennedy Law Firm today for a free case review.