Woman sues WVU Hospitals for FLSA violations

By Kyla Asbury | May 10, 2017

MARTINSBURG – A woman is suing West Virginia University Hospitals-East Inc. after she claims it violated the Fair Labor Standards Act. West Virginia University Hospitals-East Inc. is doing business as WV University Healthcare.

MARTINSBURG – A woman is suing West Virginia University Hospitals-East Inc. after she claims it violated the Fair Labor Standards Act.

West Virginia University Hospitals-East Inc. is doing business as WV University Healthcare.

Lynette Miller was employed by the defendant from 2011 until March 2016, according to a complaint filed March 13 in Berkeley Circuit Court and removed to federal court on April 13.

Miller claims the defendant illegally characterized her as a salaried employee, exempt from the Fair Labor Standards Act requirements for non-exempt employees and did not pay her at an overtime rate for hours worked over 40 hours per week.

The plaintiff worked hundreds of hours for which she should have been paid at a higher rate of time and one-half, but she was never paid for the hours at all, according to the suit.

Miller claims the defendant acted recklessly, willfully and in bad faith because it knew or should have known that she was entitled to overtime compensation.

The plaintiff is entitled to back pay, liquidated damages and interest, according to the suit.

Miller is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Barry P. Beck of Power, Beck & Matzureff.

The defendant is represented by Brian M. Peterson, associate general counsel for WVU Health System Inc.; and Garland B. Nagy, the assistant general counsel for City Hospital.

The case is assigned to District Judge Gina M. Groh.

U.S. District Court for the Northern District of West Virginia case number: 3:17-cv-00039

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