Woman sues for Fair Labor Standards Act violations

CHARLESTON -- A Kanawha County woman is suing TM Associates Management after she claims it violated the Fair Labor Standards Act.

Alice Whitman began working for the defendant in June 208 as a site manager at Chelyan Village Apartments, according to a complaint filed July 7 in Kanawha Circuit Court.

Whitman claims she signed a contract to work 30 hours per week at a rate of $10.25 per hour and was told she should not turn in a time sheet for more than 30 hours per week and that if she worked more hours, she should simply take time off at a later date.

Whitman intended to find another job in order to supplement her income because she did not feel like 30 hours per week at $10.25 per hour would cover all of her monthly expenses and notified TM Associates of her intentions, according to the suit.

From her first few weeks on the job, Whitman claims she realized her work would take much more than 30 hours per week, which made it impossible to find another part time job. She claims she worked 40 hours or more every week and as many as 60 hours some weeks.

Whitman claims she complained to TM Associates that she could not continue to work so many hours while only being paid for 30 hours per week because she needed more money and could not get another job because her time was needed working for TM Associates.

In September 2008, TM Associates agreed to raise Whitman's hours to 40 hours per week, but that she still worked approximately 45 hours more week, according to the suit.

In March 2009, Whitman was returned to 30 hours per week and in February 2010, she was changed to 34 hours per week, but was still working approximately 40 to 45 hours each week, according to the suit.

Whitman claims the defendant violated the Fair Labor Standards Act and caused her to suffer emotional distress because she was not being paid for all the work she was doing.

Whitman is seeking compensatory, liquidated and punitive damages. She is being represented by Kevin Baker.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 10-C-1225