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Monro Muffler (Ellersick) Service Stores

Ellersick, et al. v. Monro Muffler Brake, Inc. (W.D.N.Y.)

Faraci Lange Attorneys

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

Brief Summary of Case

On September 14, 2010, Plaintiffs filed a lawsuit on behalf of Service Store Technicians and/or Mechanics in federal court against Monro Muffler Brake, Inc. (“Monro”).  Plaintiffs seek overtime compensation under the Federal Fair Labor Standards Act (“FLSA”).  A copy of Plaintiffs’ Amended Complaint, which was filed in November 2012 can be viewed here. 

Plaintiffs allege that Monro required employees to work off-the-clock.  For example, Monro would clock employees out when they continued to work, or would tell employees 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 (i) the employee did not take a lunch break because he or she was required to work or (ii) the employee’s lunch break was sufficiently interrupted so that it constituted work time.

Over Monro’s objection, the Honorable Marion W. Payson, United States Magistrate Judge for the Western District of New York, authorized sending Notice of this lawsuit to all of Monro’s Service Store Technicians and/or Mechanics affected by the policies alleged in the Complaint. As a result of the Court-authorized notice, this case currently consists of 1,130 current and former employees asserting similar claims under the FLSA.  

Plaintiffs’ Complaint also includes state law claims under New York and Pennsylvania wage and hour laws.   Plaintiffs’ state law claims have not yet been certified as a class action. 

Type of Case

Unpaid Overtime Wages

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Case Updates

  • March 26, 2018

    Monro Muffler (Ellersick) Service Stores – 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. 328.

  • February 1, 2017

    Monro Muffler (Ellersick) Service Stores – Unpaid Overtime Lawsuit - Update February 1, 2017

    In summer 2014, we filed a motion asking the Judge to rule in our favor that technicians are not exempt, meaning that they are eligible to receive overtime pay when they worked unrecorded overtime hours. Monro also filed a motion to “decertify” the collective action. Unfortunately, we continue to wait for the Judge to rule on the motions. Once we hear from the Court, we will send an update to all the plaintiffs in the case.

Additional Information

How Do I Join This Case?

The deadline to join this case has passed. However, we are currently preparing to file another overtime case for those who missed the deadline to sign up for the first case and on behalf of employees who worked in various states, alleging violations of various state laws as well as  the federal law.  If you would more information how to join the new case or have questions, please contact our office.

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 lawsuit also includes wage and hour claims under New York state law and Pennsylvania state law, asserted on behalf of current and former employees who worked in those states. The statute of limitations for the New York state law claims is six years, while the statute of limitations for the Pennsylvania state law claims is three years.

 

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.

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.

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