CHARLESTON — Three installers have filed a class action lawsuit against a Parkersburg heating and air conditioning business, alleging violation of workers compensation acts.
Eric Faubel, Deveon Smith and Trinity Uppole, individually and on behalf of all others similarly situated, filed a complaint April 19 in U.S. District Court for the Southern District of West Virginia Charleston Division against Grogg’s Heating & Air Conditioning Inc., alleging violation of the Fair Labor Standards Act.
According to the complaint, Faubel, Smith and Uppole were not fully compensated for all hours they worked as installers, including minimum wages and overtime compensations.
The plaintiffs allege Grogg’s subjected them to an automatic meal break deductions of 30 minutes per day and refused to accept the plaintiffs' adjusted time cards and to reverse the automatic deductions.
The plaintiffs seek trial by jury, an order designating this complaint as a collective action, unpaid minimum and overtime wages, liquidated damages, attorney fees, court costs and interest and all other equitable relief. They are represented by attorney Kera L. Paoff of Widman & Franklin LLC in Toledo, Ohio.
U.S. District Court for the Southern District of West Virginia Charleston Division Case number 2:17-cv-02410