PITTSBURGH — A group of four-Wawa convenience store managers recently filed a class action unpaid overtime lawsuit against their employer, claiming that the company under-budgeted its payroll and failed to pay overtime wages. The complaint is the second unpaid overtime lawsuit filed against Wawa in recent months, this one covering employees in New Jersey, Pennsylvania, and Maryland.
According to the suit, the defendant intentionally under-budgeted the payrolls for its convenience stores, forcing managers to engage in various types of manual labor such as stocking shelves, running registers, and making sandwiches. The plaintiffs claim that the defendant’s failure to provide enough non-exempt employees forced the plaintiffs to work as many as 55 hours per week with no overtime.
Managers Must Perform Certain Duties Under FLSA, Plaintiffs’ Lawsuit Claims
Under the Fair Labor Standards Act, workers classified as “managers” can be overtime exempt, but must perform certain duties vital to the businesses operations including hiring and firing subordinates, creating work schedules and setting employee pay. Companies often give titles like “manager” or “supervisor” to workers who do not perform necessary duties, as a means to avoid paying overtime and keep payroll down.
In this particular case, the plaintiffs claim that they and about 100 other managers in the defendant’s New Jersey, Pennsylvania, and Maryland locations had to perform duties inconsistent with federal wage and labor laws because the defendant wanted to suppress payrolls. Plaintiffs filed the claim in U.S. District Court for the District of New Jersey and are not specifically seeking damages for potential claimants in Virginia, Delaware or Florida.
Another group of plaintiffs filed their own wage and labor suit against Wawa back in October 2016, alleging that the defendant failed to pay some employees for surveying competitors’ gas prices, nor does Wawa reimburse employees for mileage and other expenses related to these duties. Wawa operates over 700 locations nationwide with an estimated $9 billion in revenue in 2013, making it number 34 on Forbes magazine’s list of largest private companies.
Assistant Manager Overtime Pay Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.