Employee alleges community college violated Fair Labor Standards Act

By Bree Gonzales | Jul 12, 2018

CHARLESTON — An employee has filed a class action lawsuit against a community college, alleging violation of the Fair Labor Standards Act.

Melissa Deskins filed a complaint, for herself nd on behalf of all others similarly situated in Kanawha Circuit Court against Southern West Virginia Community and Technical College alleging the college never recorded her actual hours worked nor did it require her to record her hours worked and it has deliberately not paid her overtime.

According to the complaint, between 2015 and April 27, 2018, Deskins was improperly compensated by the college. Deskins says she has suffered damages recoverable under the FLSA for the defendant's failure to pay for hours she worked of more than 40 per week at premium rates. 

The plaintiff alleges Southern West Virginia Community and Technical College responsible knowingly and deliberately permitted Deskins to work hours in excess of 40 hours per week while knowingly and deliberately failing to pay legally required overtime rates.

Deskins seeks trial by jury, damages as a result of the defendants' failure to pay overtime at premium rates and any resulting denial of overtime wages she should have received, liquidated damages equal to actual damages, attorney fees and cost of this suit. Additionally, Deskins seeks damages recoverable within a three-year window based on the defendant's knowing and deliberate violations of the FLSA and an order accompanying motion for conditional certification of FLSA collective action. 

She is represented by attorney Mark A. Toor of Charleston.

Kanawha Circuit Court case number 18-c-705

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Kanawha Circuit Court Mark A. Toor Attorney at Law

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