Sisters Patty DeMint and Michelle Robey took over Dairy Queen in Medford in 2017. DeMint runs the day-to-day operations, and Robey handles all things administrative—including searching for workarounds when unexpected, national-scale legal complications arise.
“I’ve been primarily dealing with talking to senators, talking to lawyers,” said Robey, “the brunt of it while she’s—”
“—building the business up to try and pay some of it,” DeMint interjected in conversation with The South Shore Press on Monday evening—it being the $450,000 settlement DeMint and Robey recently reached, nearly five years after being sued for a whopping $6 million.
As first reported by CBS this week, the sisters apparently violated a “Frequency of Pay” law when they paid their staff—who qualify as “manual workers,” per this loophole—biweekly. Neither their payroll company nor a Department of Labor audit flagged it during initial inspections.
In 2019, a court ruling allowed workers to sue for double their wages. The sisters were sued by a laid-off worker, and the case turned into a class action. The lawsuit accused them of wage violations, which they deny—though they admitted to paying once every two weeks.
“Honestly, it was my decision to pay them every other week,” said DeMint. “The reason why I did that was because I worked at McDonald’s my whole life; I always got paid biweekly. And we have a majority of young kids working here. I felt it taught me how to balance money, so it would be good for them too… there was no downside.”
However, when COVID struck in 2020, DeMint felt it imperative they adapt to a weekly model due to the strife, so she advised Robey to change it at once.
Their drive-through was still thriving amidst the pandemic, but financially, mentally, and spiritually surviving was a far cry. DeMint even recalled being “Lysolled” in the face by an irate customer during the height of the shutdown.
“When it first started, people were scared. The cops had to come out because the line went across the highway; it was pretty crazy,” she said. “I’ve been in this business a long time, so it comes with the business.”
Conversely, so does a community’s outpouring when one of their own is in dire need. Therefore, the sisters were not surprised—only overwhelmed—by the support they’ve received. From former staff who refused to join the lawsuit to GoFundMe contributors trying to ease their burden, they’re feeling the love from every direction.
Robey singled out State Senator Dean Murray, former Suffolk County Executive Steve Bellone, and Bob Fonti, co-chair of Suffolk County’s Alliance of Chambers.
“The three of them have really been the most supportive and influential in helping me to reach out to the other senators and get on budget committee calls with Albany and really help me get this out there,” she said.
Robey says they didn’t settle early on because they knew—and were assured by local leaders in government—that “we didn’t do anything wrong.”
Categorizing the threat of endless court dates and legal fees as “devastating,” Robey stressed that they nevertheless fought tirelessly until finally accepting they would have to settle to continue operating with any sense of breathability.
DeMint deflects all credit Robey’s way. “I’ve got to give my sister a lot of credit; we would have folded. And we know how hard it is to be business owners.”
“People think you make a lot of money,” DeMint continued. “You don’t.”
“I’m going to fight for everyone else; it’s too late for us,” DeMint recalls Robey saying. “But Mom and Pop X-Y-Z? They might not be as fortunate. They might lose everything.”
As for the DQ Sisters of Medford, both remain on the clock, managing their respective responsibilities as always.
“We don’t go down easy.”