CHARLESTON — A Jackson County man is suing a rubber company, alleging violation of workers compensation acts in failing to pay overtime.

Curtis Bolden of Ripley, individually and on behalf of all others similarly situated, filed a class action complaint April 21 in U.S. District Court for the Southern District of West Virginia Charleston Division against Nova Rubber Company LLC and Ben McDonald, alleging they willfully violated the Fair Labor Standards Act.

According to the complaint, Bolden, who began work for Nova Rubber in 2013 as a gasket manufacturer/technician, suffered monetary losses for not receiving overtime wages for all hours worked in excess of 40 hours per week from the defendants as required by FLSA. 

The plaintiff alleges the defendants classified him as an exempt employee, failed to pay overtime wages, failed to keep accurate records and terminated his employment Jan. 5, 2017.

Bolden seeks trial by jury, an order certifying this case as a class action, designating the plaintiff as class representative, unpaid overtime wages, liquidated damages, attorney fees and court costs and all just and proper relief. He is represented by attorney Mark L. French of The Law Office of Mark L. French PLLC in Charleston.

U.S. District Court for the Southern District of West Virginia Charleston Division Case number 2:17-cv-02465

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Organizations in this Story

U.S. District Court for the Southern District of West Virginia Charleston Division
300 Virginia Street East
Charleston, WV 25301

The Law Office of Mark L. French PLLC
815 Quarrier Street
Charleston, WV 25301

Nova Rubber Company LLC
134 7th Avenue
South Charleston, WV 25303

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