CHARLESTON – Two Kanawha County men are suing Act Fast Delivery and Home Care Pharmacy over allegedly unfair and unlawful wage payment practices.
Donovan Stewart and Lawrence Washington filed a class-action lawsuit Dec. 30 in the U.S. District Court for the Southern District of West Virginia, Charleston Division against Act Fast Delivery of West Virginia Inc. and Home Care Pharmacy LLC, doing business as Omnicare of Nitro and/or Omnicare of Nitro, West Virginia, over allegations of violations the Fair Labor Standards Act.
According to the complaint, the plaintiffs were formerly employed by the defendants as route drivers hired to collect and deliver pharmaceutical and medical products ordered by customers of Omnicare. They were paid predetermined fees for each route completed, regardless if it was expedited or routine, the complaint states. They allege that the defendants knowingly and improperly classified them as independent contractors to avoid paying obligated wages under the FLSA, which includes overtime pay.
Stewart and Washington are suing for overtime compensation for all unpaid hours worked in excess of 40 at the rate of one-and-a-half times regular rates, unpaid minimum wages for all hours worked in a workweek, an amount equal to their unpaid minimum and overtime wages as liquidated damages, recovery for all unauthorized and/or unlawful deductions, attorney costs and fees and other relief deemed proper. They are represented by Richard D. Owen and Elise N. McQuain of Goodwin & Goodwin LLP in Charleston.
U.S. District Court for the Southern District of West Virginia, Charleston Division Case number 2:15-CV-16569