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Virginia Tech students file motion to dismiss lawsuit by BookHolders LLC
Virginia Tech students file motion to dismiss lawsuit by BookHolders LLC
Victoria Weber, news editor Nov 13, 2022
According to the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, three Virginia Tech students’ lawyers filed a motion to dismiss a lawsuit from BookHolders LLC after the students reported that its Blacksburg, VA store paid them less than the Commonwealth of Virginia’s minimum wage. ... Students Riley DeHority, Hannah Steincamp and Anna Pletch submitted complaints to the Virginia Department of Labor and Industry, after which the department took action against BookHolders LLC. ... According to the Virginia Department of Labor and Industry, the minimum wage in Virginia is 11 dollars an hour as of Jan. 1, 2022.
According to DeHority, when they asked the manager of BookHolders’ Blacksburg location, John Verde, how he was able to legally pay employees below Virginia’s minimum wage, Verde claimed there was a national program that allowed him to pay full time students less than the minimum wage. ... “I called the state after finding out on their website that they don’t even have a certificate program like that, so that was just a lie,” Dehority said. “I talked to this guy from the Wage and Hour Division of the Virginia Department of Labor and Industry, who said that they had actually investigated BookHolders before and told them they weren’t allowed to do this, and that people have previously filed wage claims and gotten their money back.”
According to DeHority, the Virginia Department of Labor and Industry had previously contacted Verde to inform him he was required to pay employees over 18 the minimum wage and that he could not claim he was utilizing a program to do otherwise, as such a program is illegal in Virginia. ... After the Virginia Department of Labor’s response, BookHolders LLC sued the students through Maryland state court. BookHolders claims the employees violated their contract and arbitration agreement they signed at the beginning of their employment.
Before the lawsuit, BookHolders sent letters to the three students, stating the organization would take legal action in the event the students did not withdraw their complaints. ... According to DeHority, two previous BookHolders employees had filed wage claims, and Verde had sent them similar letters. ... “One of them was intimidated into dropping their claim because of that letter,” the other person had a lawyer dad who sent something to BookHolders, and then she got her money.”
{snip}
In an interview with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, members of the students’ legal team also commented on the lawsuit. ... Senior Counsel member Dennis Corkery said, “We hope that the Maryland district court will promptly dismiss these lawsuits and put an end once and for all to BookHolders’ abusive use of arbitration as a weapon to silence and chill its employees.” ... The students’ attorneys allege the lawsuits are out of bad faith, and that the students’ complaints to Virginia’s DOLI did not violate the arbitration agreements.
Karla Gilbride, public justice access to justice co-director, said, “The Supreme Court has repeatedly held that arbitration agreements cannot be used to prevent employees from filing complaints with government agencies regarding violation of labor laws. Every worker has the Constitutional right to engage with their government and report wrongdoing. Dismissing this case sends a strong message to other employers that they cannot weaponize arbitration provisions to evade accountability for breaking the law.”
{snip}
Editor's Note: The Collegiate Times was not able to get into contact with the manager of Bookholders LLC.
Victoria Weber, news editor Nov 13, 2022
According to the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, three Virginia Tech students’ lawyers filed a motion to dismiss a lawsuit from BookHolders LLC after the students reported that its Blacksburg, VA store paid them less than the Commonwealth of Virginia’s minimum wage. ... Students Riley DeHority, Hannah Steincamp and Anna Pletch submitted complaints to the Virginia Department of Labor and Industry, after which the department took action against BookHolders LLC. ... According to the Virginia Department of Labor and Industry, the minimum wage in Virginia is 11 dollars an hour as of Jan. 1, 2022.
According to DeHority, when they asked the manager of BookHolders’ Blacksburg location, John Verde, how he was able to legally pay employees below Virginia’s minimum wage, Verde claimed there was a national program that allowed him to pay full time students less than the minimum wage. ... “I called the state after finding out on their website that they don’t even have a certificate program like that, so that was just a lie,” Dehority said. “I talked to this guy from the Wage and Hour Division of the Virginia Department of Labor and Industry, who said that they had actually investigated BookHolders before and told them they weren’t allowed to do this, and that people have previously filed wage claims and gotten their money back.”
According to DeHority, the Virginia Department of Labor and Industry had previously contacted Verde to inform him he was required to pay employees over 18 the minimum wage and that he could not claim he was utilizing a program to do otherwise, as such a program is illegal in Virginia. ... After the Virginia Department of Labor’s response, BookHolders LLC sued the students through Maryland state court. BookHolders claims the employees violated their contract and arbitration agreement they signed at the beginning of their employment.
Before the lawsuit, BookHolders sent letters to the three students, stating the organization would take legal action in the event the students did not withdraw their complaints. ... According to DeHority, two previous BookHolders employees had filed wage claims, and Verde had sent them similar letters. ... “One of them was intimidated into dropping their claim because of that letter,” the other person had a lawyer dad who sent something to BookHolders, and then she got her money.”
{snip}
In an interview with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, members of the students’ legal team also commented on the lawsuit. ... Senior Counsel member Dennis Corkery said, “We hope that the Maryland district court will promptly dismiss these lawsuits and put an end once and for all to BookHolders’ abusive use of arbitration as a weapon to silence and chill its employees.” ... The students’ attorneys allege the lawsuits are out of bad faith, and that the students’ complaints to Virginia’s DOLI did not violate the arbitration agreements.
Karla Gilbride, public justice access to justice co-director, said, “The Supreme Court has repeatedly held that arbitration agreements cannot be used to prevent employees from filing complaints with government agencies regarding violation of labor laws. Every worker has the Constitutional right to engage with their government and report wrongdoing. Dismissing this case sends a strong message to other employers that they cannot weaponize arbitration provisions to evade accountability for breaking the law.”
{snip}
Editor's Note: The Collegiate Times was not able to get into contact with the manager of Bookholders LLC.