"Patty DeMint and Michelle Robey combined savings and loans to build a Dairy Queen franchise, which quickly became a Medford sweet spot, supporting community and offering jobs. Robey said it was her sister's dream. "We are the DQ Sisters, and they are part of our family," she said. "Whether you are a felon, whether you are misplaced, whether you are 80 years old, whether you are 14 years old, everyone needs a place to call home as far as a job goes," DeMint said."
"So DeMint and Robey were blindsided by a blizzard of claims that they were breaking the law by paying employees every two weeks instead of weekly. They were violating New York's "Frequency of Pay" law, dating back to the Depression to prevent wage theft. The law requires "manual workers" be paid weekly, vaguely defining a manual worker as "a mechanic, workingman or laborer" who "spends more than 25% of working time engaged in" physical labor."
"DeMint said she had been paid biweekly her whole career, including another fast food job at McDonald's, so she thought it was normal for them to do the same for their employees. Not even their payroll company or an audit by the New York Department of Labor flagged a problem. "No mention whatsoever of the fact that we were paying bi-weekly," Robey said."
Two Long Island sisters built a Dairy Queen franchise in Medford with savings and loans, creating jobs and treating employees as family. They were sued for millions for paying employees every two weeks instead of weekly, a violation of New York's Frequency of Pay law. The law mandates weekly pay for "manual workers," defined as a mechanic, workingman or laborer who spends more than 25% of working time in physical labor. The sisters said they believed biweekly pay was normal and that payroll providers and a Labor Department audit did not flag any issues. They maintain they paid the wages owed.
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