LEWISBURG – A former delivery driver has filed a class-action lawsuit against a turkey supplier over allegations he was not paid the appropriate rate for overtime work.
Ronald D. Myers, individually and on behalf of all others similarly situated, filed a complaint in Greenbrier Circuit Court against Aviagen Turkeys Inc. alleging that the employer violated the West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that during his employment with defendant as a delivery driver until approximately September 2015, he did not receive overtime payments. Instead, he alleges he was paid straight-time pay only.
The plaintiff holds Aviagen Turkeys Inc. responsible because the defendant allegedly failed to pay overtime wages and failed to timely pay the same when due.
The plaintiff requests a trial by jury and seeks an order certifying this action as a class action and appointing plaintiff and his counsel and representatives and award for all damages, with interest, costs and attorney's fees and such other just and equitable relief. He is represented by D. Adrian Hoosier II of Lord Hoosier PLLC in Charleston.
The case was removed by the defendant to the U.S. District Court for the Southern District of West Virginia.
U.S. District Court for the Southern District of West Virginia Case number 5:18-cv-00967