Drivers files class action against CSX

By Kelly Holleran | Oct 8, 2009

CHARLESTON – A group of Williams Transport drivers have filed a putative class action suit against the company and against CSX Transportation, alleging they were not paid minimum wage.

The plaintiffs claim they did not receive minimum wage based upon the number of hours they were forced to work in a week.

As part of their jobs, Williams Transport drivers were required to provide transportation services to CSX workers and would be under their control during this time, according to the complaint filed Sept. 28 in U.S. District Court for the Southern District of West Virginia.
Frequently, drivers were forced to work more than 40 hours per week, but were not paid for the extra time spent on the job, the complaint says.

CSX employees and Williams Transport authorities should have known the drivers were not being paid minimum wage, but did nothing to prevent the illegality of the situation, the suit states.

"Based on the foregoing, Defendant's conduct in this regard was a violation of the Federal Fair Labor Standards Act and entitles Plaintiff to compensation for all hours in which they were not paid minimum wage, overtime hours worked, liquidated damages, attorneys' fees and court costs," the complaint says.

Plaintiffs named in the suit include Johnny Adkins, Leslie Adkins, Carlina Albright, Connie Albright, Scotty Albright, Roger Baldwin, Johnny Bell, Kimberly Bell, Pauline Bell, Roy Bell, Joseph Bumbarner, James E. Carr, Charles Curry, Harry Dunalp, James P. Goode, Anna Mae, Steven Michonski and Gregory H. Parsley.

They are seeking unpaid wages that are under the Fair Labor Standards Act, overtime due, liquidated damages, interest, costs, attorneys' fees and other relief the court deems just.

J. Michael Ranson, Cynthia M. Ranson and George B. Morrone of Ranson Law Offices in Charleston and G. Patrick Jacobs of Jacobs Law Offices in Charleston will be representing the plaintiffs.

U.S. District Court case number: 2:09-cv-1052

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