Protection from loss of pay

Section 111 (30 U.S.C. 821) is amended to read as follows: 111. Entitlement of miners (a) Protection from loss of pay (1) Withdrawal orders (A) Shifts at time of order If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts If such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order (A) In general If the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception The entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement (1) Commission orders The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for a hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review If an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section)..