CHARLESTON - Marion W. Toney filed suit in U.S. District Court for the Southern District of West Virginia on Oct. 10, naming Multifresh Inc. and Employers' Innovative Network LLC as defendants.

Toney is suing under the Fair Labors and Standards Act for the defendants' alleged failure to pay him minimum wage. Toney also believes Innovative may have been a co-employer of Multifresh.

Toney claims he began working for Multifresh in April of 2007 and continued to work there until February 2013. Toney alleges that during his time there, Multifresh failed to pay overtime wages and would deduct the cost of lunch from his pay even though he was required to work through lunch.

Toney is now suing under the federal Fair Labor Standards Act, as well as West Virginia's Wage Payment and Collection Act.

Toney is seeking damages for lost wages, liquidated damages and attorneys fees and costs.

Toney is being represented by J. Michael Ranson, Cynthia M. Ranson and G. Patrick Jacobs of Charleston.

U.S. District Court for the Southern District of West Virginia Case No. 5:13-cv-25058

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