Former Employee’s Class Action Digs into Arch Coal’s Pay Practices

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Arch Coal, Inc. is facing a former employee’s claims that he was improperly classified as exempt from receiving overtime wages for the hours he worked above 40 each week. The man says he worked for the defendants in “safety compliance” between January 2009 and March 2018 for approximately 50 hours per week, including time that he and other employees were required to “work for free.” According to the suit, he was paid a bi-weekly salary that didn’t include premium time-and-a-half wages due to the defendant’s determination that he was exempt from overtime. The suit argues that the plaintiff’s position “did not qualify him for any exemption from the overtime provisions of the [Fair Labor Standards Act]” and points out that his “safety and extra shift bonuses” should be included as part of his “regular rate” in overtime calculations.

The suit also raises concerns with the plaintiff’s 401(k) plan, arguing that he was denied contributions that “would have been made by Defendant Arch Coal if he had been paid all the overtime wages to which he was entitled.”