BGS Construction, Inc.

This is a Fair Labor Standards Act suit brought by two plaintiffs who worked in construction out of West Virginia, but travelling regularly out of state without compensation for the hours of travel. The case seeks back pay and an equal amount in liquidated damages. The case is brought in the Southern District of West Virginia. THE CASE HAS BEEN SETTLED and the Plaintiffs are in the process of trying to collect the agreed upon judgment. PLEASE SEE BELOW FOR DETAILS.

Status Reports

Collections – Posted December 18, 2012

Since BGS has evaded Plaintiffs’ efforts to enforce the terms of the settlement by disbanding operations in its corporate name, Plaintiffs counsel has filed a new class action lawsuit against BGS and its principals – Arnold Graybeal and Lourn Boyce – personally. Click here to review the Class Action Complaint.

Collections – Posted June 1, 2012

Although the parties settled this case, BGS has evaded Plaintiffs’ efforts to enforce the terms of the settlement by disbanding operations in its corporate name. Plaintiffs counsel expects to take measures to collect the judgment from BGS principals shortly.

Posted on Monday, March 9 2009 at 9:56am

At a mediation session held on March 5, 2009 the parties reached a tentative settlement, which will require approval by the individual plaintiffs who already joined the case and by the Court. THE TRIAL WILL NOT TAKE PLACE IN LIGHT OF THE SETTLEMENT. The specific amounts due to each plaintiff have not yet been calculated. As soon as they are calculated, the attorneys will send plaintiffs a notice indicating their rights in the settlement and the amount each will receive. Please make sure that we have your correct contact information: current address, phone number, cell phone number and email address. If you have not already given us this information, please call Maryanne at 304-262-4436 to give her this information.

Posted on Tuesday, September 19 2006 at 3:03pm

Upon the approval of U.S. District Judge Thomas E. Johnston, the plaintiffs have mailed the Collective Action Notice (.pdf 47KB) which gives individuals the opportunity to join this case and assert claims similar to those raised by the named plaintiffs. In order to be part of the case, individuals who receive the notice must mail or fax the “Consent to Sue” form back to either Getman Law Office or the Law Office of Garry G. Geffert. Anyone who worked for the defendant within the last 3 years, but who did not receive the notice, should contact Getman Law Office for more information or to provide a current address so that notice can be re-mailed.

Posted on Wednesday, August 2 2006 at 3:20pm

On July 28, 2006, U.S. District Judge Thomas E. Johnston issued an Order granting plaintiffs’ motion that the case proceed as a collective action on behalf of the defendant’s Iron Work Crew and the Concrete Work Crew. The members of these crews should shortly receive a Notice approved by the Court which will allow them to join the case as party plaintiffs. However, the Fair Labor Standards Act collective action process differs from the normal class action procedures in Federal Court. As a result, members of the class will not be considered to be part of the case until they file a “Consent to Sue” form. Individuals wishing to receive a “Consent to Sue” form should contact the Getman Law Office for instructions on joining the case. The Court set a conference between the parties on September 15, 2006 to determine the contents of the Notice to be sent to members of the class.

Click here to review Judge Johnston’s Order (.pdf 193KB).


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