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Justices hear arguments regarding alleged state employee wage payment shortfalls

CHARLESTON – The state Supreme Court will decide whether to remand a case involving state employees who claim they were shortchanged when the state switched from twice monthly to biweekly pay.
The petition was heard March 16. The petitioners – Lisa Wilkinson, Heather Morris, Kathryn A. Bradley, Pamela Stumpf and Lula V. Dickerson – are five state employees. But the case could affect up to 40,000 public employees. The respondents are Gov. Jim Justice, Auditor John B. McCuskey, former Treasurer John Perdue, Secretary of State Mac Warner, Attorney General Patrick Morrisey and state Supreme Court Chief Justice Evan Jenkins.
During the March 16 oral arguments, attorney Mike Ranson presented the case for the petitioners. He argued that the employee simply were not fully paid in the 2017 calendar year because of the state’s switch from twice monthly pay to biweekly. Bryan R. Cokeley presented the case for the respondents, who say the petitioners have identified no conduct that violates a clearly established law and, therefore, the state entities are entitled to qualified immunity.

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Supreme Court will hear state employees' pay case in March

The petition is scheduled to be heard by the justices on March 16.
The petitioners – Lisa Wilkinson, Heather Morris, Kathryn A. Bradley, Pamela Stumpf and Lula V. Dickerson – are five state employees. But the case could affect up to 40,000 public employees. The respondents are Gov. Jim Justice, Auditor John B. McCuskey, former Treasurer John Perdue, Secretary of State Mac Warner, Attorney General Patrick Morrisey and state Supreme Court Chief Justice Evan Jenkins.
“We think it’s responsible and good that the Supreme Court is going to hear this important case affecting the paychecks of thousands, maybe tens of thousands, of state employees, including their own, as we believe the lower court erred in throwing the case out,” Teresa Toriseva, one of the attorneys representing the employees, told

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