MORGANTOWN - A Monongalia County bus driver says the school board owes him payment for his lunch breaks.

Darryl White filed the suit Feb. 6 in Monongalia Circuit Court, against the Monongalia County Board of Education.

Citing state code, the suit says "every service personnel whose employment is for a period of more than three and one-half hours per day and whose pay is at least the amount indicated in the "state minimum pay scale ... shall be provided a daily lunch recess of not less than thirty consecutive minutes, and such employee shall not be assigned any responsibilities during this recess."

White says he worked more than 40 hours for two weeks, excluding his daily 35-minute lunches. In a letter dated Nov. 30, 2006, White sought compensation for five hours left off his check.

White seeks a writ of mandamus ordering the board to compensate him for his lunch period.

He is being represented by John Everett Roush.

Monongalia Circuit Court case number 07-C-76

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