BENTON — Former and current mine workers have filed a class action against several mining companies alleging they were not paid for their overtime work.
Rickey Cates, individually and on behalf of all others similarly situated, filed a complaint April 9 in the U.S. District Court for the Southern District of Illinois Benton Division against Alliance Coal LLC, Alliance Resource Partners LP, Alliance Resource Operating Partners LP, Alliance Resource Management GP LLC, Hamilton County Coal LLC and White County Coal LLC alleging violation of the Fair Labor Standards Act.
Cates alleges in the class action complaint that he and other coal miners working for the defendants were paid on a hourly basis. He claims that the plaintiff class arrived early for their shifts in order to put on their protective gear, gather tools and attend safety meetings. In addition, Cates claims after their shift, the mine workers had to return the tools, safety equipment and supplies and get it ready for the next shift.
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He alleges the workers were only paid starting at the "scheduled beginning" and not paid for their pre-shift and post-shift work. Cates further claims that the defendants had a "tracker system" attached to the miners' helmets that automatically recorded their location and "exact time" they arrived to begin work but did not count that time in the miners' pay.
The plaintiffs are represented by Katrina Carroll of Carlson Lynch in Chicago, Mark Foster of Madisonville, Ken., Shanon Carson and Camille Fundora Rodriguez of Berger Montague in Philadelphia, and others.
U.S. District Court for the Southern District of Illinois Benton Division case number 3:21-CV-00377