KM&A files major overtime lawsuit against Family Dollar

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November 21, 2013

Kraemer, Manes & Associates LLC, along with the Law Offices of Timothy P. O’Brien, filed suit Thursday against Family Dollar Stores, Inc. on behalf of 15 current and former “Store Managers.” The suit alleges that Family Dollar illegally withheld hundreds of thousands of dollars in overtime wages from these employees.  According to the Complaint, the plaintiffs allege that Family Dollar deliberately misrepresented that these employees were exempt from Pennsylvania’s mandatory overtime provisions.  In fact, these employees do not qualify for this exemption and are entitled to be paid time and a half for every hour they have worked beyond 40 hours per week.

The suit alleges that Family Dollar deliberately understaffed stores, refused to authorize overtime for non-exempt employees, and forced Plaintiffs to work eighty hours or more per week to cover shifts and keep its stores open. Plaintiffs were threatened with termination if they refused to work the extreme hours demanded of them. Their position is that Family Dollar’s actions violate the Pennsylvania Wage Payment and Collection Act, the Pennsylvania Minimum Wage Act and the common law tort doctrine of Unjust Enrichment. Plaintiffs seek to recover damages provided under these laws including compensatory damages, punitive damages, liquidated damages and attorney’s fees.

Lead attorneys on this case are Elizabeth Pollock-Avery and Michael Kraemer from KM&A and Maggie Schuetz Coleman and Timothy O’Brien from the Law Offices of Timothy P. O’Brien.

Full text of the Complaint (PDF), as filed with the court, is available. The case is docketed in the Allegheny Court of Common Pleas at GD-13-022316.

Kraemer, Manes & Associates LLC is a law firm headquartered in Pittsburgh focusing on business law, employment law, and litigation. The firm’s clients include small businesses, employers, employees, and parties in civil litigation. The firm has won significant judgments and settlements from regional and national defendants.

Additional information about this lawsuit can be obtained by contacting us at or (412) 626-5626.

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