In late June, we deposed, Catherine D’Amico, Monro’s Chief Financial Officer, Treasurer, and Secretary. During her deposition, Ms. D’Amico testified that the company treats technicians as non-exempt overtime eligible employees, and calls them non-exempt in various company documents. She also testified that the company was not relying on the FLSA’s 7(i) exemption.
In response, in mid-July, Monro filed several motions including a motion to decertify the conditionally certified FLSA collective class, a motion to deny class certification pursuant to Rule 23, and a motion to stay discovery. Our responses to these motions are due on August 23, 2013.