Nicole Selby and Ashley Whittaker filed their lawsuits earlier this month in Raleigh Circuit Court. Southern Xposure, its parent companies and owner Mahesh Patel are named as defendants.
The potential class members are people who worked for the defendants, were not paid for hours worked, were denied tips, were forced to pay defendants earned tips and/or were forced to give up tips, pay credit card transaction fees and pay penalties.
“The central issue raised by this action is whether the defendants’ actions were in violation of the West Virginia Wage, Payment and Collection Act, and breach of agreement or implied agreement,” the complaints state. “The common issues involved in this lawsuit predominate over any separate issues that may exist among individual plaintiffs.”
Both Selby and Whittaker seek compensatory damages, pre- and post-judgment interest, front pay, back pay, benefits, emotional damages, non-economic damages, court costs, attorney fees and other damages. Both are represented by D. Adrian Hoosier II of Lord Hoosier PLLC in Charleston, and both cases have been assigned to Circuit Judge Andrew Dimlich.
Their lawsuits are similar to other complaints filed late last year in Raleigh and Mercer counties by other Southern Xposure employees. At least one of the complaints has been removed to federal court, and it has stayed pending mediation.
Raleigh Circuit Court case numbers 17-C-124 (Selby) and 17-C-125 (Whittaker)