CLARKSBURG – Five former managers of Dollar General stores who dropped a class action against the retailer in federal court have filed new suits as individuals.
They claim Dollar General classified them as managers without giving them managerial duties, in order to deny them overtime pay.
They seek back pay, damages, penalties, and an injunction against further violations of fair wage laws.
Thomas Dyer of Clarksburg and Michelle Massingale of Charlotte, N.C., filed the suits on Jan. 28.
Anna Malcomb of Sand Fork, in Gilmer County, claims she worked at the Glenville store in 2006 and 2007.
Patsy Helmick of Clarksburg claims she worked at West Milford from 2006 to 2008.
Ron Weaver of Salem claims he worked there in 2005 and 2006.
Tammy Audia of Harrison County claims she worked at Gore in 2005 and 2006.
Thomas Lee Brown Jr. of Fairmont claims he worked there in 2005 and 2006.
These five and nine others sued Dollar General in 2008, proposing a class action on behalf of all managers claiming overtime pay.
Last May, District Judge Irene Keeley set a hearing for Oct. 9, to evaluate potential expert witnesses.
She cancelled the hearing 11 days before she would have held it, and soon after that Dyer and Massingale dismissed the class claims without prejudice.
When Dyer and Massingale filed individual suits, the court assigned them to Keeley.
Dollar General already faced 10 similar suits that a federal judge in Alabama transferred to the court in Clarksburg a year ago.
In those cases, Dyer and Massingale represent Melva Bosley, Mary Howell, Connie Outen, Tawana Proctor, Fabra Stewart, Della Thorne-Judkins, Kimberly Weller, James Morgan, Angela Mayne-Harrison and Christine Richards.
District Judge John Preston Bailey presides over their claims.
Nothing has happened in those cases since November.