CLARKSBURG – A class-action lawsuit against Sandbox Logistics alleging workers were not timely paid and were routinely required to work 16-hour days, seven days a week has been removed to federal court.
Sandbox filed the notice of removal, citing that because the plaintiff made claims under the Fair Labor Standards Act (FLSA), the lawsuit had to be automatically removed to federal court.
The defendant also contended that while it was removing the action to federal court, it was not conceding to the allegations.
"By removing this action, defendant does not waive or intend to waive any defenses, nor does defendant concede the merit of plaintiff’s claims or the damages to which he may be entitled," the notice of removal states. "Further, defendant does not concede that plaintiff is an appropriate class representative, or that the claims asserted on behalf of himself and those 'similarly situated' are appropriate for class or collective action treatment."
Tommy Calhoun Jr. initially filed the lawsuit in Monongalia Circuit Court before it was removed to federal court.
Calhoun alleges he and other class members were not timely paid proper wages, were forced to work 16-hour days, seven days each week and were not paid any overtime pay, which violated the FLSA and the West Virginia Wage Payment and Collection Act.
Sandbox was negligent and caused the plaintiff and class-members damages, according to the suit.
Calhoun alleges the defendant also failed to pay his wages during the pay period they were earned and held his wages in excess of 19 days after they were earned.
Calhoun is seeking compensatory and punitive damages for himself and class members. He is represented by D. Adria Hoosier II of Hoosier Law Firm in Charleston.
The defendant is represented by Andrea J. Johnson of Ogletree, Deakins, Nash, Smoak & Stewart.
U.S. District Court for the Northern District of West Virginia case number 1:19-cv-00215
