Cross Lanes woman says Fruth Pharmacy failed to timely pay wages

By Kyla Asbury | Sep 26, 2013

CHARLESTON - A Cross Lanes woman is suing Fruth Pharmacy Inc. for allegedly failing to timely pay her final wages when her employment was terminated.

Kellie Ann Slater was hired as a cashier at Fruth in March 2007 and was promoted to assistant manager in its Cross Lanes location approximately two years following her start with Fruth, according to a complaint filed Sept. 4 in Kanawha Circuit Court.

Slater claims on many occasions she was scheduled to work more than 40 hours per week and worked in excess of 40 hours per week without benefit of being paid time and a half, which is required by state and federal law.

Marc Lippert, in his role and capacity as manager of Fruth, directed Slater and her co-workers to clock out for lunch and then directed them to continue working and also to remember to clock back in "because they would get in trouble if they clocked more than forty hours per week," according to the suit.

Slater claims Lippert altered her time card for the purpose of making the time recorded less than the actual time she worked and on Aug. 19, terminated her employment.

The defendant also failed to pay her final wages within 72 hours of her termination, according to the suit.

Slater is seeking compensatory damages. She is being represented by John H. Skaggs of the Calwell Practice PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1679

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