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Summary Judgment of Class Action Claims for Multi-State Grocery Store
Spilman secured partial summary judgment in a class action where the Plaintiff alleged that a multi-state grocery store company failed to pay him, and all employees at four stores, their final wages due as required by the West Virginia Wage Payment and Collection Act ("WVWPCA"). Through the motion, Spilman relied on language in the WVWPCA defining the term "wages due" to include "at least all wages earned up to and including the twelfth day immediately preceding the regular payday." Based on that language, Spilman attorneys argued that only specified wages (instead of wages in full) had to be paid on the next regular payday following the employees' separation from employment. By obtaining partial summary judgment, the Court significantly limited the size and scope of the putative class and significantly reduce the amount of possible damages due (by approximately 75%). As such, Spilman was able to reach a reasonable, voluntary resolution of this lawsuit.

Labor & Employment Law Eric W. Iskra
304.340.3875 Ellen J. Vance