Important Information
Introduction
This webpage informs you of the existence of a class action lawsuit in which you may be eligible to participate; to advise you of how your rights may be affected by the lawsuit; and to instruct you on the procedure for participating in the suit, should you decide that it is appropriate and should you choose to do so.
Background
If you worked as an hourly employee or as a funeral director, or similar position, for Alderwoods Group, Inc. (“Alderwoods”), our investigation suggests you were supposed to be paid for all the time you were permitted to work. Further, any time you were permitted to work over 40 hours in a week should have been paid to you at time and one-half rates.
Our investigation into Alderwoods funeral homes has revealed many issues including: failure to pay for required community work; failure to pay for work performed while "on call"; failure to pay for time spent in training (including getting and maintaining licenses); failure to pay for work that was not pre-approved; failure to pay for work that was not recorded; failure to pay for time worked during lunch breaks; failure to pay for after hour pre needs appointments; and failure to include all payments in calculating overtime.
The law requires you to be paid for this time even if you agreed to work the time, and even if you did not expect to get paid for it.
Composition of the Class
The named Plaintiffs will seek to sue on behalf of themselves and also on behalf of other employees with whom they are similarly situated.
To participate, you need to:
- have worked for Alderwoods in the past three years;
- been permitted to work more than 40 hours in at least one week;
- not have been paid for all the hours you worked in that week at either regular or time and one-half rates;
- click here to learn about some of the general types of violations we have uncovered
- click here to learn about the total amount of money estimated to be at stake
- and click here to learn about the amount of time you are entitled to be paid for;
- and you were paid on an hourly basis, or worked as a funeral director.
Additionally, you can contact us to see if you qualify. There is no charge or obligation if you contact us. We will keep any information you provide strictly confidential.
Your Right to Participate in the Suit
If you fit the definition above, you may join this lawsuit (that is, you may "opt in") and allow us to investigate your claim by mailing the "Consent to Become a Party Plaintiff" form to Plantiffs' counsel at the following address:
Alderwoods Class Action Lawsuit
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
If you file a "Consent to Become a Party Plaintiff" form, your continued right to participate in the suit may depend upon a later decision by the District Court that you and the Plantiffs in this action are actually "similarly situated" in accordance with federal law.
Effects of Joining this Lawsuit
If you choose to join this lawsuit, you will be bound by the Judgment, whether it is favorable or unfavorable. While this suit is proceeding, you may be required to respond to written questions, sit for depositions and/or testify. The attorneys for the class will work to ensure this is with minimum inconvenience to you.
By joining this lawsuit, you designate the class representatives as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, including the settlement therefore, the entering of an agreement with Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit.
These decisions and agreements made and entered into by the representative Plaintiffs will be binding on you if you join this lawsuit.
No Legal Effect in Not Joining this Lawsuit
If you choose not to join this lawsuit, you will not be affected by any judgment or settlement rendered in this case as to the federal claims, whether favorable or unfavorable to the class. If you choose not to join in this lawsuit, you are free to file your own lawsuit under federal law. However, if you delay in joining this lawsuit, the statute of limitations will bar any recovery for two or three years prior to joining or commencing such an action.
No Retaliation Permitted
Federal law prohibits Alderwoods from discharging or in any other manner discriminating against you because you have exercised your rights under the Fair Labor Standards Act.
Your Legal Representation if You Join
If you choose to join this lawsuit your interests will be represented by the named Plaintiffs through their attorneys as counsel for the class. Counsel for the class is:
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
585-272-0540
Contact Us
Margolis Edelstein
525 William Penn Place, Suite 3300
Pittsburgh, Pennsylvania 15219
Further Information
Further information about this Notice, the deadline for filing a "Consent to Become a Party Plaintiff", or questions concerning this lawsuit may be obtained by writing Plaintiffs' counsel at the address shown above.