CHARLESTON -- A man is suing a company owned by Powerball winner Jack Whittaker after the company failed to pay its employees a combined total of $11,529.66.

Roger Ferrell worked for Diversified Enterprises on a project for the Shady Springs Public Service District in Raleigh County called the Cool Ridge/Flat Top Sewer project.

On April 6, the Division of Labor issued a Final Order to Diversified Enterprises and ordering the company to pay its employees, including Ferrell, a combined total of $11,529.66, according to a complaint filed Nov. 16 in Kanawha Circuit Court.

Ferrell claims Diversified Enterprises has not appealed the Division of Labor's Final Order, which has now expired, nor has the company paid him or the other employees the amounts due to them.

Diversified Enterprises failure to pay the employees their wages is in violation of the Wage Payment and Collection Act in West Virginia Code, according to the suit.

Ferrell is seeking for the court to enter an order enforcing the Division of Labor's Final Order for Diversified Enterprises to pay damages of $11,529.66 plus any interest. Mark W. Carbone of Carbone & Blaydes is representing him.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 09-C-2136

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