A lawsuit that claims Martinsburg firefighters weren’t properly paid for holidays continues in Berkeley County Circuit Court, but a circuit judge ruled Tuesday that state law backs at least part of the compensation-related claims by the group of current and retired city firefighters.
In a series of rulings, 23rd Judicial Circuit Judge Laura Faircloth granted summary judgment in favor of the approximately three dozen firefighters’ claims regarding holiday pay. The lawsuit, which was filed in June 2018, contends the city not only violated the West Virginia Wage Payment and Collection Act, but alleges that the city’s now-former fire chief retaliated against the firefighters for filing the civil action, at least in part, by instituting a “sick-time” policy that doesn’t apply to any other group of city employees.