HUNTINGTON – A former saleswoman with Matilda Jane Clothing alleges the company's compensation structure fails to correctly classify and pay employees the federal minimum wage.
Amy Williams filed a complaint in the U.S. District Court for the Southern District of West Virginia against MCJ Acquisition LLC and Matilda Jane LLC, doing business as Matilda Jane Clothing, alleging violation of the Fair Labor Standards Act.
Williams alleges she began work with Matilda Jane in March 2018 as a trunk keeper and stopped selling in October 2018. She alleges she paid about $3,000 to purchase samples and business supplies in order to work for the company and was required to pay another $8,000 over the course of her employment. According to her suit, Williams alleges she worked full-time for six months and made about $1,000 in wages.
"When Ms. Williams’ commission payments were less than minimum wage, defendant did not pay her the difference between the wages she earned and the statutory minimum wage," she alleges in her complaint. "Through this system of employee misclassification and failure to keep adequate records, Defendant Matilda Jane failed to pay their salespeople, including Ms. Williams, as required by law."
Williams also alleges she was improperly classified as an independent contractor.
Williams seeks monetary relief, trial by jury and all other just relief. She is represented by Aubrey Sparks of Mountain State Justice, Inc in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:19-CV-00643