WINFIELD – Three individuals are suing Smoker Friendly after they claim it violated the West Virginia Wage Payment and Collection Act.

NBS Inc. is doing business as Smoker Friendly.

Jonathan Warren, Samantha Bostic and Christopher O’Neal Smith were employed by Smoker Friendly and were required to work off-the-clock before the stores opened and after the stores closed, according to a complaint filed Jan. 20 in Putnam Circuit Court.

The plaintiffs claim Smoker Friendly did not pay them for their work done off the clock, which violates the West Virginia Wage Payment and Collection Act.

To date, Smoker Friendly has not paid the plaintiffs for wages owed for work performed off-the clock.

Bostic also claims she had 40 vacation hours at the time her employment was terminated and the week before her termination, she had used 30 vacation hours, which were, instead, deducted from her final paycheck, which also violates the WVWPCA.

The plaintiffs claim Smoker Friendly required them and other employees working opening shift to arrive at least 15 minutes prior to the store opening to complete paperwork and other tasks, but it did not pay them wages for the work performed.

Smoker Friendly also required employees working closing shift to stay after at least 15 to 30 minutes after their shifts ended, and sometimes even longer. However, they were not paid for the work performed then, either.

The plaintiffs are seeking liquidated damages, a declaration that Smoker Friendly violated the WVWPCA and an order enjoining Smoker Friendly from engaging in such conduct in the future. They are being represented by Samuel A. Hrko and Sandra Henson Kinney of Bailey & Glasser; and Mark A. Barney of Barney Law.

Putnam Circuit Court case number: 17-C-14

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Bailey & Glasser, LLP
209 Capitol St.
Charleston, WV - 25301

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