Frequently Asked Questions
Questions
Should current employees be afraid of submitting this form?
Do I need to pay any money to join?
How did SCI not pay overtime correctly?
How can I know whether this is illegal?
What types of jobs or job titles are involved?
Do I have any deadlines I need to worry about, or can I wait to see what happens with this case?
How can I tell if I qualify for this lawsuit?
How much money would I be entitled to?
What are the primary goals of this lawsuit?
Answers
Should current employees be afraid of submitting this form?
No. The law prevents SCI from taking any action against you for joining this lawsuit. The Court and all the attorneys in this case will ensure that no negative action is taken against you for your participation. If SCI takes any action against you, the penalties are severe. You are entitled to either reinstatement back to your job, or the pay differential at a new job, double damages, and attorneys' fees. If you feel you have suffered from any retaliation, contact us at once.
If you are uncomfortable joining, but would like to talk confidentially (and at no charge) to one of the attorneys handling this case, please contact us.
Do I need to pay any money to join?
There is absolutely no cost to join this lawsuit. If a Court determines you are entitled to recovery for unpaid overtime, then attorneys' fees and costs will be paid either by SCI or will be awarded by a Court from the fund SCI creates to pay the unpaid overtime. If the case is not successful, you owe no fees. Therefore, there is no financial risk to you.
How did SCI not pay overtime correctly?
The law requires that employees be paid for all time they are permitted to work. Our investigation has shown that SCI did not pay for all the time employees worked or for all time employees were permitted to work over 40 hours in a week, including time spent on community work, sales, training, and time spent on call.
How can I know whether this is illegal?
Many employees wonder why employers would not follow the law if this practice is illegal, as is claimed in this case. There is no doubt that the law requires employers to pay their employees for all the time those employees work. Companies do not pay overtime properly to save money. They expect they can get away with it. Faced with the high cost of labor and overtime, companies try to squeeze as much money out of overtime costs as possible.
Some companies who violate the law figure that if they can hide the violation and not make it too obvious to employees, by the time a lawsuit starts, they can save themselves more money than a lawsuit will cost. But, as the Department of Labor regulations make clear, that does not make the practice legal.
Because companies have not been complying with the law, employees have been recovering millions of dollars in unpaid overtime from the largest companies in America.
What types of jobs or job titles are involved?
The Court recently ruled that employees who worked as a funeral director, embalmer, location manager, family service counselor, or similar position are conditionally certified to participate in this action. However, a final determination has not yet been made.
If you have any question as to whether you may be eligible to participate in this lawsuit, you may 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.
Do I have any deadlines I need to worry about, or can I wait to see what happens with this case?
Be very careful. Under federal overtime law, employees are generally not entitled to their lost overtime pay for hours they worked more than two (or three) years ago. In other words, once you join the lawsuit, you can only collect lost wages under Federal Law for two (or three) years prior to that date, nothing more. To stop this clock from running out on your claims and to prevent yourself from losing any more money, you need to join this lawsuit.
How can I tell if I qualify for this lawsuit?
If you are/were employed as a funeral director, embalbmer, location manager, family service counselor or performed similar duties in the last three (3) years, we expect that you will qualify to participate in the action. However, the Court will have to make a final determination.
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.
Have other employees joined?
Given our experience with other cases like this one, we expect many current and former employees will join this lawsuit. Already, over 400 SCI employees have submitted consent forms.
How much money would I be entitled to?
The attorneys handling this case have estimated the damages in this case to be in the millions of dollars.
It would take a detailed calculation based on the facts of your case to determine how much you would be owed. Remember you will not be represented and you will not be entitled to any money until you join. You must take that step to get any recovery and a Court will have to make a determination as to whether you will be included in the action.
What are the primary goals of this lawsuit?
Our primary goals in this class action are to:
- Prohibit SCI from engaging in illegal conduct under the wage laws.
- Have SCI set aside money to properly pay wages and overtime in the future.
- Recover unpaid wages and overtime and other damages for employees who were not properly paid for the time they worked.