Boone Co. man sues Tren for overtime wages

CHARLESTON – A Boone County man is suing Tren Services after he claims it violated the Fair Labor Standards Act by not paying overtime wages.

Rocky L. Cleary has been employed by Tren Services since Nov. 1, 2005, according to a complaint filed Feb. 24 in the United States District Court for the Southern District of West Virginia.

Cleary claims that during his employment he has frequently worked more than 40 hours each week, but has never been paid wages for hours actually worked in excess of 40 hours per week.

The defendant was fully aware of the law regarding payment of wages but despite that knowledge, negligently failed and refused to correct its illegal actions, according to the suit.

Cleary claims the defendant required him to report to the main shop at 6 a.m., load and prepare his truck for the day's work and then move to various jobsites that were sometimes up to two hours away, but would not pay him for this work, and instead would begin paying him when he arrived at a job site, which was usually around 8 a.m. or 8:30 a.m.

The defendant would stop paying Cleary when he left the job site at the end of the day, which meant he and other employees were driving two to four hours each day "off the clock," in employer vehicles, according to the suit.

Cleary claims he also had to perform daily paperwork at home, which takes several hours, but was only paid for one hour.

Cleary is seeking judgment against the defendant for an amount equal to loss of all wages with interest and liquidated damages. He is being represented by J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III and G. Patrick Jacobs.

U.S. District Court case number: 2:11-cv-00123