Carol Ostrow Jul. 7, 2015, 1:34pm


PITTSBURGH - A Kittanning woman filed a class action complaint lawsuit against her former Pittsburgh-based employer on multiple allegations of federal and state employment law infringements between 2012 and 2015.

Wendy L. Wachter sued Heartland Restaurant Group, doing business as Dunkin’ Donuts, in the U.S. District Court Western District of Pennsylvania on June 12, alleging violations of employment law to recover damages for alleged non-payment of overtime wages.

The plaintiff seeks relief pursuant to Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. The suit states that all employees are entitled to receive premium overtime pay at time and a half their regular hourly rate for work done in excess of 40 hours weekly.

The plaintiff worked at various Western Pennsylvania locations of the business from November 2012 through April 2, 2015. Wachter alleges that she and others in her position of assistant managers are not exempt from the requirement and that the putative class members have been unlawfully classified as exempt.

According to court documents, Dunkin’ Donuts operates 29 stores in the western portion of the state, employing at least 10 assistant managers. The suit estimates the class size to be at least 15 individuals.

Wachter seeks declarative judgment, injunctive action, court orders to establish plaintiff and counsel as class representatives, and judgment in the class’s favor equal to the amount of overtime compensation due, plus liquidated damages, attorneys’ fees, and costs. Wachter is represented by Charles Saul and Kyle McGee of Margolis Edelstein in Pittsburgh.

U.S. District Court Western District of Pennsylvania Case 2:15-cv-00781-MRH.

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