MSHA Loses Appeal: Cont’l Cement Not Liable for Miner’s Lost Pay

The Eighth Circuit reversed an MSHA discrimination finding against Continental Cement. The court held that the company’s decision not to pay Tara Otten an upgraded mobile-equipment-operator rate was based on a neutral pay policy rather than because she exercised her right to accompany mine inspectors. The decision emphasized that a causal connection between protected activity and adverse treatment is required.

Original article:https://www.whitcomblawpc.com/business-law-blog/msha-loses-appeal-contl-cement-not-liable-for-miners-lost-pay