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Monro Muffler Brake, Inc. (Hohlt)

Sean Hohlt, et al., v. Monro Muffler Brake, Inc.

Nichols Kaster has partnered with Faraci Lange in Rochester, New York in representing the Plaintiffs in this case.

Faraci Lange Attorneys: Brian Zorn, Kathryn Lee, Nick Pontzer

Faraci Lange Attorneys

Brief Summary

January 2, 2014, we filed a lawsuit on behalf of Service Store Technicians and/or Mechanics in the Southern District of Ohio that is nearly identical to a case our firm is handling against Monro Muffler filed in September 2010 (Ellersick v. Monro Muffler Brake Inc).  Plaintiffs seek overtime compensation under the Federal Fair Labor Standards Act (“FLSA”) and under Ohio, Connecticut, Massachusetts and New Jersey state laws.  Plaintiffs allege that Monro required employees to work off-the-clock, for example, by clocking employees out when they continued to work, or telling them to not clock-in but at the same time would require them to work. Plaintiffs also allege that Monro maintained an automatic lunch break policy, whereby Monro deducted a 30-minute lunch break from an employee’s work hours and that this deduction was taken even when employees worked through part or all of their lunch breaks.

In March 2014, the parties agreed to transfer this case to the Western District of New York (where the Ellersick case is pending) and to “stay” the case, or put it on hold, until the Court in Ellersick decides several pending motions, including Plaintiffs’ motion for class certification, motion for summary judgment and Monro’s motion for decertification of the FLSA collective. We are still waiting for the Court’s decision on these important motions.

Type of Case

Unpaid Overtime Wages

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Additional Information

How Do I Join This Case?

Unfortunately, the case is not open for individuals to join because it is currently on hold as we await the summary judgment and certification decisions from the Ellersick court. We encourage you to check this webpage for periodic updates of the case. Once we hear back from the Judge on the issues pending in Ellersick, we will have another update on the status of this case, and there may be an opportunity for you to join in the future.

What Time Frame Is Covered?

There is a federal statute of limitations in this case that allows an employee to recover unpaid wages for hours worked within two years of signing up for the lawsuit. If we can prove that Monro willfully violated the law, the statute of limitations may be extended to three years. The statute of limitations for each eligible collective class member has been tolled since March 2014, and until the court in Ellersick decides the pending summary judgment and certification decisions.

Do I Have To Pay Anything?

You do not have to pay anything out of your pocket if you have joined the lawsuit. The attorneys involved in this case are handling it on a contingency basis, which means that we are paid only if the lawsuit is successful in obtaining relief for you, either through a settlement or a final judgment by the court. Our payment will come solely out of the money we recover for you; not out of your pocket. If for some reason we are not successful, you pay nothing.

How Do I Prove I Worked Overtime?

You do not need to have records of your work hours. If your employer did not keep accurate time records, most courts will allow you to make a “good faith estimate” of your work hours

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but generally takes one to three years to complete.

What About Retaliation?

The law protects you from retaliation for asserting your rights: it is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims against your employer. If you currently work for Monro and you feel you may be the victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Can I Help?

If you have any information that may assist us with this case, please contact our clerk on the case, Max Mlinar, at mmlinar@nka.com or 612-256-3238. You can also review our case updates above.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Max Mlinar, at mmlinar@nka.com or 612-256-3238. You can also review our case updates above.

Case Updates

  • March 26, 2018

    Monro Muffler (Hohlt) – Unpaid Overtime Lawsuit - Update March 26, 2018

    Plaintiffs and Defendants Monro Muffler Brake, Inc. and Monro Service Corporation (“Monro”) have reached an agreement to settle the claims asserted in these lawsuits. The agreement has been preliminarily approved by the Court but is subject to the Court’s final approval. On Friday, March 16, 2018, a Notice of Settlement was sent out to all technicians and assistant managers who had consented to join these cases, informing them of their individual allocation amount and rights and options regarding the settlement. As the Notice states, the Final Approval Hearing will be held Friday, June 8, 2018 in Rochester, New York. During this hearing, Judge Geraci will hear all objections and consider whether the settlement is fair and reasonable. Judge Geraci will decide whether or not to approve the Settlement at some point after the hearing.

    If you have any questions, feel free to contact the clerk on the case Max Mlinar at mmlinar@nka.com or call toll free at (877) 448-0492 ext. 238.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.