FAIRMONT TOOL, INC. v. DAVIS

No. 20-0684.

868 S.E.2d 737 (2021)

FAIRMONT TOOL, INC., Petitioner v. Adam J. DAVIS, Individually and on Behalf of Those Similarly Situated, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 22, 2021.


Attorney(s) appearing for the Case

J. Robert Russell, Esq. , David L. T. Butler, Esq. , Shuman McCuskey Slicer PLLC, Morgantown, West Virginia, Counsel for the Petitioner.

James B. Stoneking, Esq. , Jonathan R. Marshall, Esq. , Bailey & Glasser LLP, Charleston, West Virginia, Matthew B. Hansberry, Esq. , Hansberry Law Office, PLLC, Bridgeport, West Virginia, Counsel for the Respondent.


In this appeal from the Circuit Court of Marion County, we consider a series of orders entered under the West Virginia Wage Payment and Collection Act, W. Va. Code § 23-5-1 to -18 ("the WPCA"). The Legislature designed the WPCA to require an employer to regularly pay employees their full wages and restrict an employer's...

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