Jefferson men demand payment

By John O'Brien | Aug 16, 2006

CHARLES TOWN - Two Jefferson County men say their employer did not pay them all wages owed.

Jorge DeLara and Juan Estarza-Morales filed a lawsuit Aug. 2 in Jefferson Circuit Court against Absolute Appliance and David Knisley.

DeLara and Estarza-Morales filed the lawsuit on behalf of themselves and others similarly situated and claim Knisley knowingly did not pay them what they were owed.

"Plaintiffs and others regularly worked in excess of 40 hours per week," the complaint says. "Defendants failed to pay Plaintiffs and others at a rate of 1 ½ times their regular rates of pay for hours worked in excess of 40 in a workplace.

"At various times, Defendants made withholdings from the wages of Plaintiff DeLara for various reasons.

DeLara says he was not paid all incentive bonuses promised to him or for work performed during the final pay period of his employment.

The plaintiffs charge the defendants with a violation of the Fair Labor Standards Act, the West Virginia Overtime Law and the West Virginia Wage Payment and Collection Act.

They seek damages and court costs.

Garry Geffert of Martinsburg is representing the plaintiffs.

Jefferson Circuit Court case number 06-C-259

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