WHEELING — A class-action lawsuit was filed against the West Virginia United Health System alleging they were wrongfully not paid overtime pay.
West Virginia University Hospitals, Community Health Association, United Hospital Center, The Charles Town General Hospital, Camden Clark Memorial Hospital, City Hospital, Potomac Valley Hospital Grant Memorial Hospital, Reynolds Memorial Hospital, the West Virginia Health Care Cooperative, Braxton County Memorial Hospital, St. Joseph's Hospital of Buckhannon, Wetzel County Hospital, Wheeling Hospital, WVUHS Home Care, West Virginia University Hospitals East, Camden-Clark Health Services, United Summit Center, United Physicians Care, Camden-Clark Physician Corp., Fayette Physician Network, Thomas Health System, Princeton Community Hospital Association, Barnesville Hospital Association, Uniontown Hospital, Harrison Community Hospital, Wheeling Ambulatory Surgery Center, Garrett County Memorial Hospital and Allied Health Service.
Dominque Heard, Amanda Luzader and Kenneth Miklich are current or former employees of WVUHS and/or its affiliates and believe the defendants violated state and federal law, owing them and other class members back pay and liquidated damages, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
"The Proposed Class is readily ascertainable from payroll records maintained and kept by WVUHS and/or the other defendants," the complaint states.
All members of the proposed class are and were at all times subject same pay policies and processes maintained by WVUHS and/or the other defendants.
"All members of the Proposed Class have in the last three years worked in excess of 40 hours in a workweek for one or more defendants and was denied the rights and protections provided under the WV Standards, including overtime pay at the rate of one and one-half times their regular rates of pay for all hours worked in excess of the hourly standards set forth in the WV Standards," the complaint states.
The plaintiffs claim the proposed class consists of more than 10,000 individuals.
The plaintiffs are seeking compensatory damages. They are represented by Arthur R. Traynor and Lauren McDermott of Mooney, Green, Saindon, Murphy & Welch in Washington, D.C.; and Samuel B. Petsonk of Petsonk PLLC in Morgantown.
The case was assigned to District Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia case number: 5:23-cv-00230