Haney v. County Commission

575 S.E.2d 434, 212 W. Va. 824, 2002 W. Va. LEXIS 244
CourtWest Virginia Supreme Court
DecidedDecember 9, 2002
DocketNo. 30532
StatusPublished
Cited by6 cases

This text of 575 S.E.2d 434 (Haney v. County Commission) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haney v. County Commission, 575 S.E.2d 434, 212 W. Va. 824, 2002 W. Va. LEXIS 244 (W. Va. 2002).

Opinion

PER CURIAM.

The appellant, Charles W. Haney, appeals the October 4, 2001, order of the Circuit Court of Preston County which granted summary judgment to the appellees, the County Commission of Preston County and Ron L. Crites, Sheriff of Preston County, in the appellant’s action to obtain overtime compensation allegedly due him under W.Va.Code § 21-6C-1 et seq., titled “Minimum Wage And Maximum Hours Standards For Employees (hereafter “state wage and hour law”). The circuit court found that because at least 80% of the employees of the Preston County Sheriff and County Commission are subject to the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the Sheriff and County Commission are exempted from the definition of “employer” under the state wage and hour law. For the reasons that follow, we reverse the circuit court’s summary judgment order and remand for proceedings consistent with this opinion.

I.

FACTS

Charles W. Haney, the appellant, is an employee of the Sheriff of Preston County, West Virginia, and the County Commission of Preston County, the appellees. He is employed as a deputy sheriff. In January 1998, the Sheriff at that time, Cecil Straw-ser,1 appointed the appellant to serve as the chief deputy of the Sheriffs Department. The Preston County Commission declined to pay overtime compensation to the appellant during the time he served as chief deputy.

As a result, on February 15, 2000, the appellant filed suit against the Preston County Commission and the Sheriff of Preston County. The appellant averred in his complaint that he was appointed on January 26, 1998, to serve as chief deputy; beginning with the first pay period in which he performed the duties of chief deputy, he was required to work in excess of a forty-hour work week, which entitled him to overtime pay under the state wage and hour law; the Sheriff submitted the appellant’s overtime pay request to the Preston County Commission for payment; and the Commission refused the initial and each subsequent request for overtime pay. The appellant further alleged that from 1978 until the time of his appointment to the position of chief deputy in 1998, the chief deputy of the Preston County Sheriffs Department received overtime pay.

The Preston County Commission subsequently moved for summary judgment on the grounds that it is expressly exempted as an employer under the state wage and horn' law because at least 80% of its employees are covered by federal wage and hour law. The circuit court , ultimately granted summary judgment to the appellees for the reason asserted by the County Commission.

II.

STANDARD OF REVIEW

It is axiomatic that “[a] circuit court’s entry of summary judgment is reviewed de novo.” Syllabus Point 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994). Also, this case involves a straightforward issue of statutory interpretation. “Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syllabus Point 1, Chrystal R.M. v. Charlie A. L., 194 W.Va. 138, 459 S.E.2d 415 (1995).

[827]*827III.

DISCUSSION

The appellant claims that he was denied overtime pay in violation of W.Va. Code § 21-5C-3(a) (1992) which provides, in part, that,

no employer shall employ any of his employees for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate of not less than one and one-half times the regular rate at which he is employed.

According to W.Va.Code § 21-5C-l(e) (1999):

“Employer” includes the state of West Virginia, its agencies, departments and all its political subdivisions, any individual, partnership, association, public or private corporation, or any person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee; and who employs during any calender week six or more employees as herein defined in any one separate, distinct and permanent location or business establishment: Provided, That the term “employer” shall not include any individual, partnership, association, corporation, person or group of persons or similar unit if eighty percent of the persons employed by him are subject to any federal act relating to minimum wage, maximum hours and overtime compensation.

The parties do not dispute that the Preston County Commission is a political subdivision which places it within the definition of “employer” in the first part of W.Va. Code § 21-5C-l(e).2 We additionally note that the Sheriff3 is not a political subdivision but rather is an employee of a political subdivision. See Syllabus Point 2, in part, Beckley v. Crabtree, 189 W.Va. 94, 428 S.E.2d 317 (1993) (“[a] sheriff is an employee of a political subdivision, the county commission”), modified on other grounds by Smith v. Burdette, 211 W.Va. 477, 566 S.E.2d 614 (2002). The issue in this case is whether the Preston County Commission, as a political subdivision, falls under the exemption in W.Va.Code § 21-5C-l(e) which excludes from the definition of employer “any individual, partnership, association, corporation, person or group of persons or similar unit if eighty percent of the persons employed by him are subject to any federal act relating to minimum wage, maximum hours and overtime compensation.” If the Preston County Commission, as the political subdivision which employs the appellant, is exempted by W.Va.Code § 21-5C-1(e), and if 80% of its employees are covered by a federal act relating to minimum wage, maximum hours, and overtime compensation, the appellant is prevented from bringing his claim under state wage and hour law and must bring it instead under federal wage and hour laws.

This Court has previously determined that a political subdivision falls within the language of W.Va.Code § 21-5C-l(e) which exempts, by definition, those “individuaos], [828]*828partnership^], association^], corporation[s], person[s] or group[s] of persons” when 80% of then* employees are subject to federal wage and hour laws. Specifically, we held in Syllabus Point 2 of Adkins v. City of Huntington, 191 W.Va. 317, 445 S.E.2d 500 (1994), that “[a] city, as a political subdivision of the state, is entitled to the statutory exemption for qualifying employers in West Virginia Code § 21-5C-1(e) (1989) and therefore, is not subject to the overtime pay requirements imposed by West Virginia Code § 21-5C-3(a) (1989).” Even though Adkins concerned a city and not a county commission, the ease hinged on the fact that a city is a political subdivision. “A county commission, like a municipality, is the governing body of a political subdivision.” Amoroso v. Marion Co. Comm’n, 172 W.Va. 342, 346,

Related

Eric Burke v. Wetzel County Commission
815 S.E.2d 520 (West Virginia Supreme Court, 2018)
Carol King v. West Virginia's Choice, Inc.
766 S.E.2d 387 (West Virginia Supreme Court, 2014)

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Bluebook (online)
575 S.E.2d 434, 212 W. Va. 824, 2002 W. Va. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haney-v-county-commission-wva-2002.