In the case of Deskins v. Southern West Virginia Community and Technical College, Melissa Deskins filed a lawsuit against Southern West Virginia Community and Technical College (SWVCTC) for unpaid overtime wages. Deskins filed this lawsuit on behalf of herself and other similarly situated individuals.
Deskins worked in the SWVCTC’s human resources department for about three years before her employment ended. Deskin claimed that she consistently worked more than 40 hours per week without receiving the required overtime pay. She alleged that the college did not record her actual work hours, which violated the Fair Labor Standards Act (FLSA). Deskin also accused the college’s chief financial officer of knowingly and deliberately not paying overtime wages.
Deskin believed that other employees had faced similar compensation issues. She requested conditional certification of the lawsuit as a collective action to notify other potential employees. This was approved by the court. After approval, Deskin sought damages, which included overtime pay, liquidated damages, attorney fees, costs, and interest for three years before the complaint. After months of discovery, the parties settled. The proposed settlement was $20,000, with $9,000 allocated for attorney’s fees and $11,000 to compensate Deskins.
Ultimately, the court granted the joint motion to approve the settlement, dismissed the case with prejudice, and awarded the proposed attorney’s fees.
Key lessons from this case:
- Lawsuits can be filed on behalf of a group of similarly situated employees, known as a collective action.
- Employers must maintain accurate records of employees’ work hours, including overtime hours worked.
- Employees can seek overtime back wages of up to 3 years if their employer has been proven to willfully violate overtime laws.
If you want to know more about overtime regulations, read our guide on West Virginia Overtime Laws.
