Former handyman says Bar 101 violated Fair Labor Standards Act

CHARLESTON - A former handyman is suing Bar 101 LLC after he claims it violated the Fair Labor Standards Act and the West Virginia Wage Payment and Collection Act.

Bar 101 is doing business as Ichiban Pan Asian Cuisine.

S. Scott Miller was also named as a defendant in the suit.

Charles M. Fletcher was employed by Ichiban for more than 15 years as a handyman until October, according to a complaint filed May 13 in Kanawha Circuit Court.

Fletcher claims the defendants violated the West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act.

Throughout his employment, Fletcher was never paid minimum wage for the hours he worked and the defendants never required state and federal deductions from his pay, according to the suit.

Fletcher claims throughout his employment he never received a paycheck and did not receive one when he was terminated in October.

The defendants were required to pay Fletcher all wages due and owing within 72 hours of discharge, according to the suit.

Fletcher claims the defendants violated the Fair Labor Standards Act by violating the act's requirements, including its minimum wage and overtime requirements by repeatedly failing to compensate him for the hours he spent working for the defendants.

The defendants also violated the West Virginia Human Rights Act by terminating Fletcher's employment based on his age, according to the suit.

Fletcher is seeking compensatory and punitive damages with pre-judgment interest. He is being represented by Richard W. Walters of Shaffer & Shaffer PLLC.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-930