Did You Work as a Store Manager at a Dunkin’ or Baskin-Robbins Location?

A class and collective action complaint has been filed against Restaurant Services of the Outer Banks, LLC, a franchisee that the complaint alleges operated more than 50 Dunkin Donuts and Baskin Robbins locations in northeastern North Carolina, Virginia’s Tidewater Region, and the Richmond, Virginia metropolitan area. The lawsuit seeks recovery of allegedly earned and unpaid overtime wages for Store Managers.

The case, Wimbish v. Restaurant Services of the Outer Banks, LLC, Case No. 3:26-cv-00896, was filed on September 4, 2026, in the U.S. District Court for the Eastern District of Virginia, Richmond Division. The complaint asserts claims under the Fair Labor Standards Act (“FLSA”), the Virginia Overtime Wage Act (“VOWA”), and the Virginia Wage Payment Act (“VWPA”).

Store Manager Overtime Pay Allegations

The complaint alleges that Restaurant Services of the Outer Banks classified Store Managers as exempt from federal and Virginia overtime requirements even though the method used to pay them allegedly did not qualify as a “salary.” It further alleges that Store Managers typically worked 50 to 60 hours per week and were not paid the required time-and-one-half overtime premium for hours worked over 40.

• 50–60 hour workweeks: The complaint alleges the defendant typically scheduled, directed, or knowingly permitted Store Managers to work 50 to 60 hours per week.
• Weekly wages tied to hours worked: The complaint alleges Store Managers received pre-set weekly wages only if they worked at least 50 hours, and that their weekly wages were reduced when they worked fewer than 50 hours.
• Allegedly not paid on a qualifying salary basis: The complaint alleges the weekly wages were non-guaranteed and fluctuated according to the number of hours worked, and, therefore, did not qualify as a salary under the FLSA or Virginia law.
• Overtime allegedly paid at straight time: The complaint alleges Store Managers were paid at their straight-pay rates for hours over 40 rather than at one-and-one-half times their regular hourly rates.
• Alleged unpaid overtime premiums: The complaint alleges the defendant failed to pay Store Managers earned overtime premium wages for hours worked over 40 per week and alleges the failure was willful or, at the least, reckless under the FLSA.

Which Store Managers May Be Covered by the Lawsuit?

The complaint seeks to pursue an FLSA collective on behalf of Store Managers who, from September 4, 2023 through the date of judgment, worked more than 40 hours in a week at the defendant’s stores and did not receive overtime wages at the FLSA-required time-and-one-half rate.

The complaint also seeks certification of a Virginia class consisting of Store Managers who worked more than 40 hours in a week at the defendant’s stores in Virginia during that period and did not receive their full overtime premium wages at the Virginia-law-required time-and-one-half rate.

Important: The named defendant is Restaurant Services of the Outer Banks, LLC. The complaint alleges that it operated the relevant Dunkin Donuts and Baskin Robbins locations as a franchisee. The lawsuit does not name Dunkin’ Brands, Inc. or Baskin-Robbins as defendants.

Claims and Relief Sought

The complaint asserts an FLSA claim for failure to pay overtime wages and Virginia claims under VOWA and the VWPA. The plaintiff seeks designation of the FLSA collective, certification of the Virginia class, unpaid overtime premium wages, liquidated damages and, for the Virginia claims, alternatively treble damages for alleged knowing violations, as well as interest, attorneys’ fees, costs, and other relief.

Dunkin’ and Baskin-Robbins Store Managers: Contact Kehoe Law Firm

If you worked as a Store Manager at a Dunkin’ or Baskin-Robbins location operated by Restaurant Services of the Outer Banks, LLC at any time since September 4, 2023, contact Kehoe Law Firm to learn more about the allegations and your potential rights.

For a free, no-obligation legal evaluation, contact:

Michael Yarnoff, Esq., (215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

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