CHARLESTON — The city of Williamson, West Virginia recently filed its response to an unpaid overtime lawsuit brought by several officers claiming the defendant altered its pay schedule to reduce regular and overtime wages in violation of the West Virginia Wage Payment and Collection Act (WPCA). The defendant previously asked the court to throw out the suit, claiming the WPCA contained to provisions to recover unpaid overtime but now demands a trial by jury to decide the matter.
In their response, the defense even filed its own counterclaim against the plaintiff, asking the judge to award damages for the legal fees incurred and repayment of any overpayment the city may have given to the plaintiffs. While the suit is still in its early stages, it is shaping up to be a contentious one in a small town of just over 3,000 and as the county seat of Mingo County.
Plaintiffs Claim Pay Schedule Changed to Reduce Overtime
The crux of the unpaid overtime lawsuit claims that the city altered the police officers’ pay schedules to reduce the overtime pay they earned. At one point, officers were paid on the 1st and 15th of every month, giving them 24 paychecks per year, but that pay schedule was eventually changed to 26 paychecks per year, or once every 14 days.
The plaintiffs claim the change resulted in an overall 8% reduction in overtime pay, something they claim was done intentionally to deny duly owed overtime wages. Furthermore, the claim alleges the city made the change in January 2016 without any notice to the plaintiffs, a claim the city vehemently denies.
Another claim brought under the WPCA alleges the city did not pay officers one and a half times their regular rate of pay when working on state holidays. Under state and federal wage laws, plaintiffs may recover unpaid overtime from a finite number of years, liquidated damages, and even have their attorneys’ fees reimbursed to cover the cost of litigation.
Police Officer Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.