U.S. Dept. of Labor sues employer over unpaid overtime

By Noddy A. Fernandez | Jan 3, 2019

BLUEFIELD — The U.S. Department of Labor is suing an employer, citing alleged unpaid wages.

U.S. Secretary of Labor R. Alexander Acosta, acting in his official capacity, filed a complaint in U.S. District Court for the Southern District of West Virginia Bluefield Division against XMV, Inc. for alleged violation of the Fair Labor Standards Act of 1938.

According to the complaint, on April 29, 2016, the defendant employed individuals as miners without allegedly compensating them for all hours worked in a given work week, even when those hours exceeded 40 hours in a work week. 

The U.S. Dept. of Labor alleges these employees worked approximately 48 to 68 hours each work week but were paid only their regular hourly rates, including for hours worked over 40 in a work week. 

The plaintiff holds XMV, Inc. responsible because the it allegedly failed to pay employees the overtime premium rate of not less than one and one-half times their regular rates of pay.

The plaintiff requests a trial by jury and seeks judgment for costs and grant such other and further relief as may necessary and appropriate. He is represented by Kate S. O'Scannlain, Oscar L. Hampton III and Samantha N. Thomas of U.S. Department of Labor in Philadelphia.

U.S. District Court for the Southern District of West Virginia Bluefield Division Case number 1:18-cv-01457

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U.S Department of Labor U.S. District Court for the Southern District of West Virginia Bluefield Division

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