Man sues Dick's Sporting Goods, others for deprivation of rights

CHARLESTON -- A Kanawha County man is suing Dick's Sporting Goods and Galyan's Trading Company after he claims they engaged in deprivation of rights of their employees.

Edward Stack, the president and CEO of Dick's Sporting Goods; Kathryn Sutter, Lynn Uram and Jay Crosson, the senior vice presidents of Human Resources of Dick's Sporting Goods; and William Colombo, the president and chief operating office of Dick's Sporting Goods were also named in the suit.

Justin Jenkins was employed by the defendants at the South Charleston location of Dick's Sporting Goods, according to a complaint filed Sept. 3 in Kanawha Circuit Court.

Jenkins claims the defendants "have maintained a company-wide policy of not paying hourly employees for all time worked, and encouraging off-the-clock work to be performed."

The defendants put pressure on management of all levels to encourage and allow hourly employees to perform off-the-clock work, which was achieved by the promise of reward and punishment, according to the suit.

Jenkins claims he and other employees were interrupted during their breaks so that they did not take the full time allowed for their breaks, but were still deducted the time for the breaks. He also claims after the store was closed for business they were "locked-in" and forced to work uncompensated until management allowed them to leave.

Jenkins is seeking certification of this case as a class action; an order preliminarily and permanently restraining the defendants from engaging in pay violations; an award of the value of his and class members' unpaid wages, including fringe benefits; punitive damages; and pre- and post-judgment interest. He is being represented by Kathy A. Brown.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-1604