MARTINSBURG – Two former Charles Town Races and Slots employees claim they were not paid for overtime hours they worked.

Scott Kitching and Michael Garrison filed a federal complaint May 27 against PNGI Charles Town Gaming, claiming the race track violated the Fair Labor Standards Act and the West Virginia Wage Payment and Collection Act.

Kitching and Garrison say that during the course of their work for Charles Town Races and Slots, they were routinely required to work more than 40 hours per week.

Although Kitching and Garrison claim they were not supposed to be exempt from overtime pay under the FLSA, Charles Town Races and Slots failed to pay them for their work.

"The defendant represented as part of its contract of employment with the plaintiffs that they were employees who were 'nonexempt' from the overtime provisions of the FLSA and would be paid at the FLSA overtime rate for hours worked in excess of 40 during a work week," the suit states.

In addition, Charles Town Races and Slots failed to maintain accurate records of the hours Kitching and Garrison worked, according to the complaint.

"As a direct and proximate result of the foregoing, plaintiffs Scott Kitching and Michael Garrison were compensated for their services at a rate of pay less than that required by the FLSA and is accordingly owed wages by the defendant," the suit states.

In the two-count suit, Kitching and Garrison are asking for an accounting of all hours they worked and compensation for those hours. They are also asking for wages for all the overtime hours they worked but were not reimbursed for, plus liquidated damages, costs, attorneys' fees and other relief the court deems just.

Paul B. Weiss of Martin and Seibert in Martinsburg will be representing them.

U.S. District Court case number: 3:09-CV-35

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