CLARKSBURG — A federal judge denied a second motion to dismiss in a lawsuit alleging a woman wasn't properly paid overtime pay.
Federal Judge Irene M. Keeley denied as moot the first motion to dismiss for failure to state a claim for relief and denied the defendants' second motion to dismiss for failure to state a claim for relief, according to the order filed in U.S. District Court for the Northern District of West Virginia.
"On September 9, 2021, the Court heard argument on the motions to dismiss filed by the defendants, Premier Chevrolet Buick GMC, of Morgantown, Inc., and Premier Nissan of Morgantown, Inc.," Keeley wrote. "For the reasons state on the record the court...denied (the motions)."
Premier Nissan of Morgantown and Premier Chevrolet Buick GMC of Morgantown were both named in the case.
Premier Nissan of Morgantown and Premier Chevrolet Buick GMC of Morgantown filed their first motion to dismiss in July and a second in August after the plaintiff filed an amended complaint.
Tina Bolyard was employed by the defendants as a human resources coordinator, payroll administrator and warranty administrator, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
During her employment, she was switched from hourly and salary and then back to hourly. She claims while she was considered a salary employee, the defendants violated the Fair Labor Standards Act because she regularly worked more than 40 hours per week and sometimes averaged 56 hours per week.
Bolyard is seeking compensatory damages. She is represented by P. Zachary Stewart of the Law Office of P. Zachary Stewart in Weirton.
Premier Nissan of Morgantown and Premier Chevrolet Buick GMC of Morgantown are represented by John Fulton Gianola of Gianola Barnum Bechtel & Jecklin in Morgantown.
U.S. District Court for the Northern District of West Virginia case number: 1:21-cv-00080