Carol Ostrow Jun. 19, 2015, 12:29pm


HARRISBURG - A Franklin County worker is suing her Lehigh County-based employer, alleging federal and state employment law infringements when she said the business withheld her hourly pay and overtime earnings.

Beka-Lynn Shimp of Mercersburg filed a lawsuit June 8 in U.S. District Court Middle District of Pennsylvania against Dunne Manning Inc., formerly known as Lehigh Gas Corporation of Allentown, alleging violations of employment law.

According to the complaint, from December 2013 to July 2014, Shimp was an employee of the defendant at its Uni-Mart convenience store in Mercersburg, and her employer paid her an hourly wage of $7.25, which was increased to $8 in June 2014, but required her to perform tasks “off-the-clock”. 

Consequently, the suit says, Shimp was paid for fewer than 40 hours weekly when she actually worked nearly 70 hours per week. The plaintiff contends she was not paid any compensation for the extra hours, including any overtime premium pay, Shimp alleges the defendant willfully violated the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.

Shimp seeks her unpaid wages, liquidated damages, interest, attorney fees and court costs. She is represented by attorneys Peter Winebrake, R. Andrew Santillo, and Mark J. Gottesfeld of Winebrake & Santillo in Dresher.

U.S. District Court Middle District of Pennsylvania case number: 1:15-cv-01109-CCC.

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