On May 28, 2024, the U.S. Department of Labor announced the recovery of $175,000 in back wages for 44 miners laid off by Ben’s Creek Operations WV LLC, a Charleston coal mining company. The company informed the workers of their layoff on April 9, 2024, filed for Chapter 11 bankruptcy five days later, and failed to issue the miners their final paycheck due on April 19 for two weeks of work from March 31 to April 13, 2024. During this period, the mine produced approximately 40,000 tons of metallurgical coal valued at over $3 million.
"Payroll before profit is one of the key principles in the Fair Labor Standards Act. A bankruptcy filing does not excuse an employer’s obligation to pay workers for all the hours they worked or allow them to violate federal law," said Wage and Hour Division District Director John DuMont in Pittsburgh. "The Wage and Hour Division is committed to ensuring workers receive the highest protections to which they are entitled."
On May 2, 2024, the department's Office of the Solicitor obtained a temporary restraining order from the U.S. District Court for the Southern District of West Virginia to prevent Ben’s Creek Operations WV from selling or moving coal mined during its last two weeks of operation until back wages were paid. Federal law prohibits interstate shipment of goods produced in violation of minimum wage, overtime, or child labor regulations.
The court issued a final order on May 10, 2024, requiring the employer to pay all outstanding back wages.
"Miners do difficult and often dangerous work to support the nation’s economy," said Regional Solicitor Samantha Thomas. "The U.S. Department of Labor will use all necessary enforcement tools — including litigation — to stop employers from illegally profiting on the backs of workers, especially when the employer thinks they can deprive people of their hard-earned wages. We appreciate the court’s quick action and that the employer worked with us to ensure their former employees were paid as promised."
The investigation was conducted by the division’s Pittsburgh District Office. Senior trial attorneys Elizabeth Kuschel and Alexander Gosfield with the department’s Office of the Solicitor in Philadelphia litigated the case.
Ben's Creek Operations WV LLC is a subsidiary of London-based Ben’s Creek Group PLC, which operates metallurgical coal mines across North America.
Workers and employers can contact the Wage and Hour Division confidentially with questions. The department can communicate with callers in more than 200 languages. Further information about back wages collected by the division is available through their search tool. The agency also offers a Timesheet App in English and Spanish for Android and Apple devices to ensure hours and pay accuracy.
