Nicewarner v. City of Morgantown (Signed Opinion)
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The Supreme Court affirmed in part and reversed in part the order of the circuit court finding that the City of Morgantown had incorrectly calculated compensation for Petitioners, fifty-four current and former firefighters employed by the City, and finding that the compensation required by W. Va. Code 8-15-10a was not a "fringe benefit" or "wage" covered by the Wage Payment and Collection Act (WPCA), holding that the court erred in part.
At issue was section 10a, which requires the City to provide extra compensation to firefighters for days designated by the Legislature as legal holidays. The circuit court granted summary judgment in part to the firefighters and in part to the City. In so doing, the court reduced the period of time that currently employed firefighters could recover improperly calculated compensation and imposed the doctrine of laches to deprive former firefighters of any past compensation. The Supreme Court reversed in part, holding (1) the City incorrectly interpreted section 10a; and (2) section 10a created a fringe or wage benefit for firefighters that was protected by the WPCA.
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