Jonathan R. Ellis

Member

Biography

Jonathan Ellis focuses his practice in the areas of civil litigation related to mining and industrial accidents, labor and employment law, mine safety law, and occupational safety and health law. He regularly defends businesses in civil litigation against claims of wrongful death, deliberate intent, personal injury, wrongful termination, labor and employment law issues, and breach of contract. Additionally, Jonathan counsels companies on safety compliance issues, represents them during accident investigations, and defends them against violations issued by various regulatory agencies such as MSHA and OSHA. Jonathan is the leader of the firm’s MSHA Team and Mine Emergency Response Team.

Representative Experience

Defended energy clients in civil litigation against claims of wrongful death, deliberate intent, and personal injury
Represented mining companies in wage-and-hour class actions and collective actions under the Fair Labor Standards Act, West Virginia Wage Payment and Collection Act, Prevailing Wage Act, and other wage-and-hour statutes in West Virginia, Kentucky, and Virginia
Defended energy companies in state and federal court and in arbitration against claims of discrimination, retaliation, and wrongful discharge
Represented mine operators on multiple fatality and serious accident investigations
Defended mining companies in claims for breach of contract related to contract mining agreements and other contracts
Drafted contract mining agreements, independent contractor agreements, and employee policies and procedures
Defended mining companies in MSHA 105(c) proceedings against claims of discrimination and interference
Counseled mining companies on various regulatory and operational issues
Represented mine operators on MSHA pattern of violations issues
Defended mine operators in the contest of “flagrant” MSHA violations totaling more than $4 million in penalties

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Licensed In

Kentucky
West Virginia

Education

J.D. Washington and Lee University School of Law

B.A. Concord College

Memberships

Energy & Mineral Law Foundation
National Mining Association, Safety, Health & Human Resources Committee
Metallurgical Coal Producers’ Association
West Virginia Coal Association, Safety Committee
Kentucky Coal Association, Health & Safety Committee
Kanawha Valley Mining Institute
Tug Valley Mining Institute
Washington & Lee Alumni Association (Charleston Chapter)
MENSA

Achievements

The Best Lawyers in America®, Mining Law (2016-Present)
Charles A. Tutwiler Scholar, Washington & Lee University School of Law

Speaking Engagements

Moderator, “Perspectives on Part 90 Issues and Developments,” EMLF Safety Seminar (September 2024)
“Recent and Issues in MSHA Enforcement Jurisdiction,” EMLF Special Institute on Mine Safety and Health Law (September 2022)
Moderator, “Current MSHA 105(c) Issues,” EMLF Special Institute on Mine Safety and Health Law (March 2018)
Co-chair, EMLF Special Institute on Mine Safety and Health Law (March 2018)
“OSHA and the Multi-Employer Worksite,” Ohio Safety Congress (March 2017)
“Mine Safety Law Roundtable,” WV Coal Association’s 44th Annual Mining Symposium (February 2017)
“MSHA: What to Expect in 2016,” WV Coal Association’s 43rd Annual Mining Symposium (January 2016)
“Flagrant Violations,” EMLF Special Institute on Mine Safety and Health Law (April 2014)
“MSHA Case Law Recap,” WV Coal Association’s 41st Annual Mining Symposium (January 2014)
“Other Enforcement Trends,” EMLF Special Institute on Mine Safety and Health Law (September 2012)
“MSHA’s “Simplified” Proceedings,” WV Coal Association’s 38th Annual Mining Symposium (February 2011)
“MSHA’s “Flagrant Violations Rule: Defenses That Work, Don’t Work, or Might Work,” EMLF (2009)
Frequent Presenter, Industry Associations’ Legal Training Meetings & Seminars

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