BECKLEY — A former employee has filed a class-action lawsuit against Act Fast Delivery of West Virginia, Act Fast Delivery Inc., Home Care Pharmacy LLC, Compass Health Services LLC and Omnicare, citing alleged violation of wage acts.
Eric Young filed a complaint on behalf of those who worked and are working as route drivers for the defendants on May 31 in the U.S. District Court for the Southern District of West Virginia, alleging that the defendants did not give the plaintiff and other route drivers the correct compensation, specifically minimum wage and overtime pay. The defendants also unlawfully made deductions from the plaintiff's salary, the suit says.
According to the complaint, the plaintiff alleges that he was hired by the defendants as a route driver and classified as an independent contractor, and was incorrectly denied overtime pay, did not receive the mandatory minimum wage and was given salary deductions. The plaintiff holds the defendants responsible because they allegedly failed to comply with state and federal laws, the Federal Insurance Contributions Tax Act and Federal Unemployment Tax Act.
The plaintiff requests a trial by jury and seeks overtime compensation for all unpaid hours worked in excess of 40 per week at the rate of one and one-half times the regular rate, unpaid minimum wages for all hours worked in a workweek, an amount equal to unpaid minimum and overtime wages as liquidated damages as allowed under the Fair Labor Standards Act, recovery for all unauthorized and/or unlawful deductions, recovery for any mileage not properly paid and any other unreimbursed business expenses, attorneys' fees and costs, liquidated damages and attorneys’ fees, unemployment compensation benefits, and such other relief as the court deems proper. He is represented by Carrie Goodwin Fenwick of Goodwin & Goodwin, LLP in Charleston.
U.S. District Court for the Southern District of West Virginia Case number 5:16-cv-04909