A manager for Joe’s Kwik Marts filed a federal class action lawsuit against the company, alleging she and other managers improperly were denied overtime pay in violation of state and federal wage laws.

Jenny Shiptoski of Old Forge claims she routinely worked 50 to 70 hours per week at several of the company’s convenience stores. The firm improperly avoided paying her overtime by classifying her as a salaried manager when, in reality, most of her time was spent doing nonmanagerial duties performed by hourly employees.

By law, employers are not required to pay salaried employees overtime under most circumstances. The employer must show that the employee’s duties were significantly different from hourly employees to qualify for that exemption, Ms. Shiptoski’s attorney, Pete Winebrake of Dresher, said in an interview.

“One of the myths out there is that everyone who is paid a salary is not entitled to overtime. In fact, for a manager to be exempt, they have to perform managerial work,” Mr. Winebrake said. “We are alleging that, even though the plaintiff and other managers had the job title, they really performed the day-to-day work of hourly employees.”

Joe’s Kwik Marts has 22 locations in Northeast Pennsylvania, including Scranton, Dunmore, Taylor, Archbald, Clarks Summit and Dupont, the company’s website says.

The lawsuit names SMG Group LLC of Allentown, the corporate parent of the convenience stores, as the defendant.

Jeff Vaughan, a spokesman for SMG Group, declined to comment other than to say the company cares deeply for its employees.

The suit alleges the company violated the Fair Labor Standards Act and Pennsylvania Minimum Wage Act. It seeks back pay and asks a judge to certify the case as a class action to include all managers.

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