According to local newspaper The State Journal, the company routinely failed to pay the workers – who worked for the company at various times – for overtime hours.

In their suit, filed in the US District Court for the Southern District of West Virginia, the six alleged the company’s actions did not only affect them, but also impacted all Massey employees, and thus are seeking appointment as class representatives for a federal class action.

Robert Harper Jr., Ted Morrison, James Treadway, Michael James, John O’Neil and Clifton Scott are listed as the original plaintiffs for the putative class action according to The State Journal.

Massey Energy is the only named defendant in the documentation.

In the complaint, the miners allege that the company’s management was aware of their respective duties at the operations for which they worked, but failed to pay them minimum wage of $US7.25 when Massey was aware that minimum wage pay was required.

The plaintiffs allege the operator "willfully and / or negligently refused to correct the illegal payments made to those employees”, and that work weeks exceeding 40 hours were routine.

The State Journal outlined Harper’s employment for Massey as May 1, 2008, until November 1, 2009.

James was an employee between November 1, 2004 and December 1, 2009.

Morrison worked for Massey between March 31, 2008 and November 19, 2009, when he was terminated, and O’Neal’s Massey tenure extended from August 1, 2006, to March 19, 2009.

Finally, Scott’s work for the company began June 1, 2005, until termination on July 1, 2009.

Only Treadway, who commenced working for Massey April 20, 2007, remains under the operator’s employ.

"Without limitation the defendant [Massey] would have the employees report to work to attend meetings without payment ... do pre-shift inspections off the clock and without payment and do post-trip inspections off the clock and without payment," the group said in their suit complaint.

Additionally, the miners have also claimed that Massey management would force them to report to work, prepare for underground duties, and travel to the work section before they were considered to be “on the clock” and accruing compensation.

The paper reported the men are citing multiple violations in the complaint, including those of the Federal Violation of the Fair Labor Standards Act and violations of the West Virginia Wage Payment and Collection Act for themselves and on behalf of others.

They are seeking all lost wages plus interest, liquidated damages, attorneys’ fees and costs.

While Massey did not return immediate comment to ILN, general counsel Shane Harvey told West Virginia Media that the case appears to be similar to another which was filed previously and dismissed.

"We’ll review it and answer in court at the appropriate time,” he said.

The case is Robert Harper Jr. et al v. Massey Energy Co. and is case number 2:11-cv-0305.