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Speedway LLC Convenience Stores

This class and collective lawsuit seeks unpaid overtime wages for Speedway's convenience store "managers" who were paid a salary and denied overtime pay for hours worked over 40 per week. The lawsuit is going forward in the United States District Court in Massachusetts. The lawsuit alleges that Speedway violated the Fair Labor Standards Act (FLSA) and the Massachusetts Minimum Fair Wages Act (MMFW) by failing to pay extra "overtime" compensation when the managers worked over 40 hours per week. According to the lawsuit, the managers are entitled to overtime pay because, among other reasons, they spend most of their time performing the same type of non-managerial work as the stores' hourly employees. The company denies violating any laws.

If you worked for Speedway as a salaried manager during the past three years and wished to be covered by this lawsuit, you can call us at (215) 884-2491 so we can answer any questions you have and make sure you are eligible to participate. More information and case updates are available below:

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Case Updates

Apr 22, 2019

Today, our firm, along with co-counsel Lichten & Liss-Riordan, P.C., filed a class and collective action lawsuit against Speedway LLC in the United States District Court in Boston, Massachusetts. The lawsuit seeks to recover overtime overtime wages for salaried managers at Speedway's convenience stores. A copy of the Complaint is available below.

Jul 8, 2019

Today the federal judge assigned to this case issued an order denying the company's motion to dismiss the claims brought under the Massachusetts Minimum Fair Wages Act. We are very excited about this decision. The company argued that the convenience store managers fell under the exemption for gas station workers. In denying the company's motion the Court stated:

"In this purported collective action, plaintiff Joseph DaRosa alleges that although he was hired as a salaried general manager at a Speedway convenience store, he largely performed non-managerial tasks and worked an average of 55 hours a week. DaRosa asserts entitlement to overtime pay under the Fair Labor Standards Act (count I) and the Massachusetts Minimum Fair Wages Act (MFWA) (Count II).

Defendant Speedway moves to dismiss count II because the MFWA exempts application to employees employed "in a gasoline station," Mass. Gen. Law ch. 151, ยง1A, and Speedway is a gas station. Whether DaRosa was employed by a gasoline station is a question of fact whose resolution is premature at the pleading stage. Further, according to the Complaint (whose well-pled allegations the court must accept as true), DaRosa was employed by a convenience store and performed duties such as "assisting customers, running the cash register, stocking shelves, loading/unloading/counting inventory, and cleaning." Compl. para. 10. Accordingly, the partial motion to dismiss will be DENIED."

Sep 3, 2019

Today, we filed a motion for "conditional certification" of this lawsuit. If this motion is granted by the Judge, General Managers will be sent a court-approved notice giving them the opportunity to join (or "opt-in") to this lawsuit. A copy of the motion papers are available below. We hope to have a decision from the Court on this motion in early 2020.

Feb 12, 2020

Today, the federal Judge overseeing the lawsuit issued an order conditionally certifying a collective in this case under the Fair Labor Standards Act. Notice of this lawsuit will now be sent to potentially covered General Managers in the coming weeks. A copy of the Court's order is available below.

Jul 10, 2020

The deadline for individuals to join this lawsuit has now passed. We are very happy that approximately 950 current/former General Managers have joined the lawsuit.

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