Wiley v. Asplundh Tree Expert Co.

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Pending is Defendant Asplundh Tree Expert Co.’s motion for dismissal of Count Four of Plaintiffs’ First Amended Complaint [ECF 15]. For the reasons set forth below, the Court GRANTS the motion.

I. BACKGROUND

This putative collective action centers on allegations that Defendant Asplundh Tree Expert Co. (“Asplundh”) failed to pay overtime to its employees for pre-shift and post-shift work in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. and the West Virginia Wage Payment Collection Act (“WPCA”), West…