West Virginia Record

Friday, September 20, 2019

Trial scheduled for case against Robert Newlon Airport

Federal Court

By Kyla Asbury | Aug 28, 2019


HUNTINGTON — A trial has been set in a case against Robert Newlon Airport alleging unpaid wages and overtime wages.

A trial is scheduled for Jan. 14 in U.S. District Court for the Southern District of West Virginia at Huntington, according to the scheduling order.

A final settlement conference is scheduled for Jan. 13 and a pre-trial conference is scheduled for Dec. 16. A settlement meeting is scheduled for Nov. 25 and counsel shall prepare their portion of the pre-trial order and submit it to counsel for the defendants no later than Dec. 2. The defendant shall prepare its proposed integrated pre-trial order no later than Dec. 9.

All depositions must be completed by Sept. 3 and dispositive motions must be filed by Sept. 23 according to the order.

Bruce A. Senior of Green Bay, Wisconsin, filed a complaint in U.S. District Court for the Southern District of West Virginia against the airport and Carl Bailey, the owner, alleging a violation of the Fair Labor Standards Act (FLSA) and the West Virginia Minimum Wage and Maximum Hours Act.

According to the complaint, over the course of Senior's employment between Oct. 24, 2015, until his termination in May 2018, he earned less than the lawfully required minimum wage and was not paid for overtime hours. 

The plaintiff alleges the airport and Bailey failed to pay the legally required hourly minimum wage for all hours worked, and overtime wages at a rate of one and one-half times his regular rate for all hours worked in excess of 40 hours in a workweek as required by FLSA.

Senior seeks trial by jury, unpaid wages and overtime wages, liquidated damages, attorney fees, court costs and all other just and equitable relief. He is represented by attorneys Mark Goldner and Maria W. Hughes of Hughes & Goldner PLLC in Charleston.

U.S. District Court for the Southern District of West Virginia case number 3:18-cv-01382

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