Woman says home care service company violated FLSA obligations

By Noddy A. Fernandez | Feb 18, 2019

CHARLESTON — An employee is suing a home care service company, citing alleged breach of contract and unpaid wages.

Bonnie Newman filed a complaint in Kanawha Circuit Court against Loved Ones in Home Care, LLC alleging that it breached the Fair Labor Standards Act (FLSA) and any attendant contractual obligations with respect to overtime and other wages owed to her.

According to the complaint, since March 2018 Newman has supplied verbal notice to the defendant of its alleged obligations to pay for bonuses she earned under its written program for the clients she brought in who elected to have their care provided by the defendant, plus her travel time and "off-the-clock" expenses. Newman claims she is entitled for all wages due and owing to her under the FLSA. 

The plaintiff holds Loved Ones in Home Care, LLC responsible because it allegedly failed and refused to correct its breach or to bring itself back into compliance with its obligations under the terms of any such implied contract of employment.

The plaintiff requests a trial by jury and seeks declaratory judgment, award of costs and attorney's fees necessary and reasonable for the prosecution of action. She is represented by Mark A. Toor of Mark A. Toor, Attorney at Law in Charleston.

Kanawha Circuit Court Case number 19-C-1

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Kanawha Circuit Court Mark A. Toor Attorney at Law

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