CHARLESTON — A man is suing the West Virginia Heating & Plumbing Co. alleging it violated the Fair Labor Standards Act by failing to properly pay him.
Tyler J. Carroll was a plumber for the defendant and was part of the Plumbers and Pipefitters Local Union 625, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia.
Carroll claims the defendant obtained a contract to perform plumbing at the Joseph F. Weis Jr. United States Courthouse in Pittsburgh.
Carroll had to drive to Pittsburgh for the contract because he needed the vehicle and tools for the job, but he was not paid for his time spent driving to the job site.
Mary Beth Johnson, the president and owner of the defendant, testified in a separate legal proceeding that she did not pay him and that she expected him to "donate his time" to the company when driving the van, according to the suit.
Carroll claims the work at the courthouse was outside his regular work area, and the defendant knew or should have known that not paying him was illegal.
"That during these times, defendant...was also fully aware of the law regarding the payment of maximum hour wages (commonly known as overtime)," the complaint states. "Despite this knowledge, defendant...willfully failed and refused to correct its illegal actions and to pay wages that were due including maximum hour wages...to said plaintiff."
Carroll claims the defendant made wage and hour violations including failure to pay wages for hours actually worked and failure to pay overtime wages.
The defendant violated federal law by failing to pay wages and benefits due and owing, according to the suit.
Carroll is seeking compensatory and punitive damages. He is represented by J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00392