Ables v. Mooney

Miller, Justice:

This civil appeal presents the question of whether the provision in the West Virginia Wage and Hour Law, W. Va. Code, 21-5C-8(d),1 permitting a two-year back recovery for unpaid wages in a civil action brought by an employee against an employer who has failed to comply with that statute, should be applied to the petitioners in this case.

The specific question presented is whether this provision requires the payment of two years’ back overtime wages where the employer based his refusal to pay the wages during that time on State ex rel. Giles v. Bonar, 155 W.Va. 421, 184 S.E.2d…