Trash truck driver says he wasn't paid overtime

By Kyla Asbury | Jul 27, 2015

MARTINSBURG – An employee is suing AVW of West Virginia Inc. after he claims it violated the Fair Labor Standards Act.

Dale E. Thompson worked for the defendant as a truck driver and trash collector from April 21, 2013, through March, according to a complaint initially filed June 18 in Berkeley Circuit Court and removed to federal court on July 20.

Thompson claims he was paid $175 per day and his hourly rate was $21.875.

The plaintiff was entitled to $32.8125 per hour for every overtime hour he worked and the defendant failed to pay him his overtime rate each work week that he worked overtime, according to the suit.

Thompson claims the defendant's actions violated the FLSA by failing to pay his overtime pay.

The defendant failed to pay Thompson and other similarly situated persons in excess of 40 hours per week, according to the suit.

Thompson claims the defendant's actions were willful and caused him and others damages.

Thompson is seeking compensatory damages. He is being represented by Garry G. Geffert.

The case is assigned to District Judge Gina M. Groh.

U.S. District Court for the Northern District of West Virginia case number: 3:15-cv-00087

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