Pennsylvania Record

Thursday, December 5, 2019

Property manager sues employer alleging willful wage evasion

By Carol Ostrow | Jun 1, 2015

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A woman brought allegations against a property management firm and three of its officers alleging labor law violations from 2011 to 2015.

Tammy Fogarty of Macungie sued Hereford Homes Greater Reading Management Corp. and David Rittenhouse, Emily D’Orsogna, and Scott Darrenkamp, all of Audubon, in the U.S. District Court Eastern District of Pennsylvania on May 19, alleging unlawful employment procedures from late 2011 until February 2015.

The plaintiff was hired by Hereford Homes in November 2011, the suit states, as a consultant with a $12 per hour wage plus commissions. The complaint says that the defendant misclassified Fogarty as “exempt” in a willful effort to avoid paying her overtime from November 2011 until Feb. 2, 2015.

Claiming that she worked more than 1,000 overtime hours without compensation, Fogarty also alleges that she was never paid her sales commissions. She filed a complaint with the U.S. Department of Labor in 2014. Although the ruling was made in her favor, Fogarty avers that her employer has not yet complied.

Citing unjust enrichment along with infringement of the Fair Labor Standards Act and the Pennsylvania Wage Payment and Collection Law, the plaintiff seeks actual damages in excess of $18,000 plus unpaid commissions; liquidated damages; interest, attorneys’ fees, and court costs. Fogarty is represented by Loren Speziale and Zachary Fowler of Gross McGinley in Allentown.

U.S. District Court Eastern District of Pennsylvania Case 5:15-cv-02805-JLS.

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U.S. Department of Labor