Suit against Family Dollar over vacation, bereavement pay settled

CHARLESTON – A former employee of Family Dollar has settled his claim that the store did not pay him unpaid vacation and bereavement leave.

On July 2, a dismissal order was entered in Stephen Brock’s lawsuit against Family Dollar. The order said the lawsuit has been compromised and settled, though terms were not disclosed.

Brock sued Family Dollar in Kanawha County Circuit Court in October, but the company removed the case to U.S. District Court for the Southern District of West Virginia.

Brock was employed as a store manager for Family Dollar at multiple locations in West Virginia from 2001 until Aug. 17.

He claimed during his employment, the defendant regularly refused to allow him to take vacation he had earned and required him to work 80- and 90-hour work weeks.

Brock claims the defendant also refused to allow him to take bereavement leave following the death of his sister. Brock was seeking overtime compensation, unpaid earned but not used vacation pay, bereavement pay and liquidated damages.

It was his claim for unpaid overtime under the Fair Labor Standards Act that led the case to federal court. He stipulated to its dismissal and asked the court to remand the case in February.

His lone remaining claim was made under the West Virginia Wage Payment and Collection Act for unpaid vacation and bereavement leave benefits.

Family Dollar, meanwhile, asked U.S. District Judge Thomas E. Johnston to stay discovery in the case pending a transfer order. The company was waiting on an order from the Judicial Panel on Multidistrict Litigation that would have moved the case to a North Carolina MDL.

The company was represented by Eric E. Kinder of Spilman, Thomas & Battle in Charleston.

Brock was represented by Benjamin B. Ware of Goodwin & Goodwin in Charleston.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.