An automotive technician who worked for Monro Auto Service and Tire Center has filed a class-action lawsuit seeking unpaid overtime wages under the new Virginia Overtime Wage Act that went into effect on July 1, 2021. The plaintiff seeks to represent a class of all technicians, senior technicians, mechanics, and similar employees who worked for Monro and were not paid overtime compensation at a rate of 150% of their regular hourly rate of pay for all hours worked over 40 in a workweek. If you worked for Monro as an auto mechanic or technician and worked more than 40 hours in any week since July 1, 2021, you may have a claim for unpaid overtime wages against your employer.
The plaintiff and the proposed class are represented by the attorneys at Goodley McCarthy LLC.
How Did Virginia’s Overtime Law Change?
The lawsuit alleges that Monro violated the new Virginia Overtime Wage Act (“VOWA”), which requires that employers in Virginia pay their employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. Prior to VOWA’s enactment, there was no state law in Virginia that required employers to pay their employees overtime compensation. Employers only had to comply with the overtime requirements of the federal Fair Labor Standards Act (“FLSA”).
The VOWA will surely provide overtime protections for workers that go beyond those provided by the FLSA. For example, VOWA automatically requires an employer to pay the employee double the amount of the unpaid wages as “liquidated damages.” If an employee has a successful claim for $1,000.00 in unpaid overtime wages, the employer will be required to pay the employee $2,000.00 (plus 8% interest). Under the FLSA, an employer can avoid double damages if they show that their non-compliance with the law was in “good faith.” VOWA also provides for “triple the amount of wages due” if a court finds that the employer committed a “knowing” violation of VOWA. There is no triple damages remedy under the FLSA.
These are just two examples of how VOWA has increased the overtime protections for employees working in Virginia. There are more.
What Does the Monro Lawsuit Allege?
The Complaint alleges that Monro failed to pay auto mechanics 1.5 times their regular rate of pay for all hours worked over 40. This is illegal under the VOWA. The Complaint also alleges that Monro employees frequently worked through their lunch breaks without pay. Monro employees even complained to management about this. As a result, Monro owes employees overtime for their unpaid lunch breaks.
In addition to the unpaid overtime compensation, the Complaint also alleges that, due to Monro underpaying its employees, it also failed to make the appropriate amount of matching contributions to participating employees’ 401(k) plan accounts in violation of the Employee Retirement Income Security Act (“ERISA”). Under the rules of the 401(k) plan, Monro provides matching contributions of 50% of employee elective deferrals, based on a percentage of the employees’ pay. Because Monro failed to fully pay its employees for overtime, the company also failed to make the required percentage of matching contributions to the employees’ 401(k) retirement plan.
How Can I Learn More About Joining a Class Action?
It is important for workers to know their rights under Virginia’s new wage and hour law. If you work in Virginia and have not been paid overtime compensation for working more than 40 hours a week, please contact We Stop Wage Theft at 844-696-7492 (toll-free) or email us at [email protected] or you can fill out the form on this page.
We will promptly review your claim and advise whether you are eligible to participate in an unpaid overtime compensation lawsuit.
Do I Have to Pay Attorney’s Fees?
No. We Stop Wage Theft attorneys handle claims for unpaid wages on a contingent fee basis. So, the lawyers don’t get paid fees unless they get money for you.