King v. West Virginia's Choice, Inc. (Signed Opinion)
Annotate this CaseAn Employee filed a class action complaint against her Employer alleging that the Employer violated the state’s Minimum Wage and Maximum Hours Standards (MWMHS) by failing to pay her for hours worked in excess of forty hours per week at a rate of one and one-half times her regular rate. The circuit court granted summary judgment in favor of the Employer, determining that the MWMHS only applies to “employees” and “employers” as defined under the MWMHS and that the Employer in this case did not meet the statutory definition of “employer.” The Supreme Court affirmed, holding that the Employer was regulated by the federal Fair Labor Standards Act, and therefore, the Employer did not meet the definition of an “employer” under the state’s MWMHS for purposes of the Employee’s overtime compensation claim.
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