CHARLESTON – A woman is suing Loved Ones In Home Care after she claims it violated the Fair Labor Standards Act.
Donna Skeen was also named as a defendant in the suit.
Julia Williams was employed by the defendant as a scheduler for home health care providers for approximately 11 years before leaving that employment in late 2015, according to a complaint filed Sept. 20 in Kanawha Circuit Court and removed to federal court on Oct. 13.
Williams claims her former position required no professional education, license or specialized training and involved no independent judgment or exercise of discretion over matters of significance to the business, nor did it include any management or supervisory responsibilities.
At no time during her tenure with the defendants did the work performed by the plaintiff qualify her for an exemption from the overtime requirements of the Fair Labor Standards Act, according to the suit.
Williams claims she regularly worked in excess of 40 hours per workweek and in excess of eight hours on most weekdays. She was also required to rotate working weekends on-call.
The defendant failed to maintain—and did not require the plaintiff to maintain—any record of her hours actually worked despite the requirements of the FLSA at any time during her employment, according to the suit.
Williams claims the defendant failed and refused to pay her in accordance with the mandates of the FLSA and caused her to suffer damages by way of lost overtime wages as a result.
The defendants knowingly and deliberately failed and refused to pay the plaintiff in accordance with the mandates of the FLSA in order to save themselves the expense of paying her an enhanced overtime hourly rate, according to the suit.
Williams is seeking an order finding the defendants liable for all damages she suffered from the defendants’ failure to pay her for all hours over 40 in any one workweek. She is being represented by Mark A. Toor.
The defendants are represented by Webster J. Arceneaux III and Lori D. Counts-Smith of Lewis, Glasser, Casey & Rollins.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-04162