Wendy's Franchisee Wins Dismissal Of FLSA Action

Law360, New York (November 18, 2009, 2:30 PM EST) -- A Wendy's International Inc. franchisee has been granted summary judgment in a putative class action brought by a former assistant manager accusing the fast food chain operator of violating the Fair Labor Standards Act by failing to pay overtime.

Judge William D. Quarles Jr. of the U.S. District Court for the District of Maryland on Monday ruled that DavCo Restaurants Inc., which operates Wendy's restaurants in three states, had sufficiently proven that its assistant managers were not entitled to overtime pay because they fell within the...
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