(855) 263-3525

Dunkin’ Donuts Faces Class Action Overtime Lawsuit

PITTSBURGH — According to a recently filed class action lawsuit, Pittsburgh Dunkin’ Donuts franchisee denied its assistant managers overtime pay, in violation of the Fair Labor Standards Act (FLSA) and Pennsylvania wage laws. This is not the first time a Dunkin’ Donuts franchisee was sued for unpaid overtime wages. In 2013, a franchisee with locations in New York and New Jersey was found to have failed to pay close to $200,000 in overtime pay.

In the present case, the Pittsburgh franchisee operates 29 locations in the Pittsburgh area. The class action lawsuit seeks to include assistant managers who worked for the franchisee over the last three years and were misclassified as exempt from overtime wages.

The Donut Makers’ Claim

From January 2012 to April 2014, Helen Rambo was an assistant manager for Dunkin’ Donuts in Pittsburgh. Rambo claims in her lawsuit that the responsibilities she and other assistant managers were assigned did not meet the requirements for overtime exemption under either the FLSA or Pennsylvania Minimum Wage Act (PMWA). According to the claim, assistant managers were given many of the same responsibilities as non-exempt, hourly employees. For instance, assistant managers and non-exempt employees were both responsible for working the cash register, baking, and preparing and serving food. Rambo’s claim also states that assistant managers were not regularly tasked with managing more than one employee at a time.

The lawsuit claims the company altered the assistant managers’ time sheets to reflect a 50 hour work week, when in reality the assistant managers worked at least 55 hours or more. In fact, according to the lawsuit, many assistant managers worked at least 65 hours a week. The assistant managers allegedly received a fixed amount of $462.50 each week, whether they worked more than 50 hour or more than 65 hours. Assuming the managers worked between 50 and 65 hours a week, the assistant managers likely earned between $7.00 and $9.25 an hour. These hourly wages are either below or on par with nonexempt employee wages, but without the benefit of overtime pay.

Assistant Managers and Overtime

Generally, employers create a framework for employee advancement. This allows employees to move up in the company, gain greater responsibility, and, presumably, receive greater pay. Assistant manager positions frequently, but not always, meet all these advancement expectations. As such, assistant managers are often exempt from overtime pay. Assistant managers are not required to manage an entire store for the exemption, just a recognized department or division. But increased responsibilities must include the regular management or directing the work of two or more full-time equivalent employees, and the authority to make strongly weighted recommendations regarding the advancement or status changes of other employees.

If you are an assistant manager at a Dunkin’ Donuts franchise or other restaurant chain and you were denied overtime pay, contact our experienced team of overtime pay lawyers today. Please call us at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form to discuss your situation. If we accept your case, we will represent you under our No Fee Promise. You will pay no legal fees or costs unless you receive a settlement.

Text Now For Free Case Review