BERKELEY COUNTY, W.Va. — A recent ruling from the West Virginia Supreme Court has allowed a lawsuit filed by 29 school nurses from Berkeley County to move forward. The nurses are alleging inadequate compensation from the Berkeley County Board of Education.
In a decision handed down on July 28, the state’s highest court rejected a petition from the school board aimed at halting the legal proceedings. Teresa Toriseva, the attorney representing the nurses, emphasized their passion for their work but stated that fair compensation has become a pivotal issue.
“The nurses truly enjoy their roles, but the crux of the matter lies in compensation,” Toriseva remarked. “When working individuals find themselves underpaid, the only path forward is often through the legal system.”
The situation escalated when the Berkeley County Board of Education attempted to bypass lower courts, seeking direct intervention from the Supreme Court after a lower court judge ruled the case could proceed. Judge Debra McLaughlin of the Berkeley County Circuit Court had previously sided with the nurses, allowing their claims to move forward.
Toriseva noted that litigation was not initially the first option for the nurses. They had taken steps to resolve their concerns directly with the board before resorting to legal action. “In good faith, the nurses tried negotiating with the school board, but encountered significant resistance,” she explained.
The nurses are raising a number of issues, most notably the frequent mishandling of overtime pay, along with claims that they lack sufficient breaks during their shifts. According to the complaint, these nurses are classified as non-exempt salaried employees who work 7.5 hours daily, including a 30-minute unpaid lunch.
Toriseva highlighted the possibility of two outcomes as the case unfolds. “In litigation, one can either let a judge or jury make a decision or reach a resolution through negotiation,” she said. “Ideally, we prefer an amicable settlement, but that requires both parties to engage in constructive discussions, which has yet to happen.”
The nurses are currently pursuing various forms of relief, including injunctive measures, compensatory damages, and attorney fees. Despite the challenges, Toriseva expressed optimism about the nurses’ opportunity to present their case.
“The nurses are grateful for the chance to voice their concerns in court, which is a critical step in addressing the longstanding issues affecting their compensation,” she said.
This legal battle highlights broader concerns about working conditions and pay for healthcare professionals within educational settings, an issue that has garnered attention across the nation as similar disputes arise.
This article was automatically generated by Open AI. The people, facts, circumstances, and story may be inaccurate. Any article can be requested to be removed, retracted, or corrected by writing an email to contact@publiclawlibrary.org.