Adkins v. City of Huntington

WORKMAN, Justice:

This case arises as a certified question from the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) to resolve a question of overtime pay for municipal firefighters.1 The question presented is: ‘Whether the City, as a political subdivision of the State of West Virginia, is eligible for W.Va.Code § 21-5C-l(e)’s exception and is, thus, not an ‘employer’ subject to the overtime pay requirements of W.Va.Code § 21-5C-3(a).” We answer the question in the affirmative.

The underlying action originated when 107 firefighters2 employed by the City of Huntington…