Database Search Result Details
|
First Name
|
Harry
|
|
Last Name
|
Whitlow, Jr.
|
|
Decision Date
|
5/12/2017
|
|
Docket Number
|
2016-1596-NRCTC
|
|
ALJ
|
SLB
|
|
Respondent
|
New River Community and Technical College
|
|
Employment Type
|
HE
|
|
Job Title
|
Student Program Advisor
|
|
Topics
|
Pay
|
|
Primary Issues
|
Whether New River acted within its authority to reduce Grievant’s weekly pay and required work hours.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code § 6C-2-3(a)(1); W. Va. Code ST. R. § 156-1-3; W. Va. Code §18B-5-2a
|
|
Related Cases
|
Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989); Muncy v. Mingo County Bd. of Educ., Docket No. 96-29-211 (Mar. 28, 1997); Harrison v. Cabell County Bd. of Educ., 177 W. Va. 257, 351 S.Ed.2d 606 (1986); Dooley v. Dept. of Trans./Div. of Highways, Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35- 229/239 (Nov. 27, 1991); Bennett v. W. Va. Dep't of Health & Human Res./Bur. for Children & Families, Docket No. 99-HHR-517 (Apr. 26, 2000); Bragg v. Dept. of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Bd. of Educ. of Ellsworth Dist. v. Tyler County Court, 87 S.E. 870, 873, 77 W.Va. 523, 526 (W.Va., 1916)
|
|
Keywords
|
Untimely; Motion to Dismiss; Relief; Pay; FTE Reduction; Fair Labor Standards Act
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Respondent, in its effort to maintain the financial stability of the college in a manner that least affected its employees and students, temporarily reduced all classified employees’ work hours by 0.2 full-time equivalent (“FTE”). Grievant claims, inter alia., that New River did not have either the authority to reduce classified staff work hours and commensurate wages by 0.2 FTE, or the discretion to direct specific college funds toward identified budgetary needs. More specifically, Grievant claims that Respondent violated the federal Fair Labor Standards Act (“FLSA”) by implementing the reduced schedule of hours and that he is entitled to recoup lost wages and benefits for the period of the temporary reduction. However, under the FLSA, the reduction of an exempt employee’s weekly pay or hours is permitted, so long as the employee continues to be paid in excess of the federal minimum hourly wage. Grievant failed to meet his burden of proof as to all claims made against Respondent.
|
Back to Results
Search Again