Fleming v. Alpha Natural Resources Services, LLC

Amended Class Action Complaint

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On June 27, 2012 an Amended Class Action Complaint was filed by two coal miners who worked for and were laid off by Alpha Natural Resources affiliated companies. The Amended Class Action Complaint alleges Alpha Natural Resources and its affiliates, including Spartan Mining Company, Mammoth Mining Company and Highland Mining Company failed to pay their laid off employees in full by the next pay period as required by the West Virginia Wage Payment and Collection Act.

In early 2012, Alpha Natural Resources and its affiliates announced it would lay off over one hundred (100) West Virginia employees. Those lay-offs occurred in the late Winter and early Spring of 2012.

Alpha Natural Resources and its affiliates, including Spartan Mining, Mammoth Coal and Highland Mining, failed to pay the laid off miners and other employees their wages by the next regular payday following the effective dates of their layoffs. In fact, when one of the miners inquired, he was told that Alpha Natural Resources had made a decision to delay payment beyond the next regular payday. The Amended Class Action Complaint asks for a finding that Alpha Natural Resources and its affiliates, Spartan Mining, Mammoth Coal and Highland Mining, violated the West Virginia Wage payment and Collection Act, and awarding the class members treble damages and to reasonable attorneys’ fees and costs pursuant to W. Va. Code § 21-5-1, et seq.

The Amended Class Action Complaint seeks relief on behalf of:

All persons formerly employed by Alpha Natural Resources and its affiliates, including Highland Mining, Mammoth Coal and Spartan Mining, in West Virginia who were subject to layoffs in 2012 and who were not paid all of their wages by the next regular payday.

The Amended Class Action Complaint was filed by Charleston, West Virginia lawyers Lonnie Simmons, Sean McGinley and Katherine Snow of the DiTrapano Barrett & DiPiero, PLLC law firm ( http://www.dbdlawfirm.com (304-342-0133)) and Todd Bailess and Joy Mega of Bailess Law, PLLC.

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Published In: Labor & Employment Updates

Reference Info:Pleadings | State, 4th Circuit, West Virginia | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sean McGinley, DiTrapano Barrett DiPiero McGinley & Simmons, PLLC | Attorney Advertising

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Sean McGinley
DiTrapano Barrett DiPiero McGinley & Simmons, PLLC

Mr. McGinley is an attorney with substantial trial and appellate experience. He is rated... View Profile »


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