A class action lawsuit has been filed in the Western District Court of Oklahoma against Oklahoma based Alderwoods Group, dba Resthaven Funeral Home aka Gaskill-Owen Funeral Chapel for violations of the Fair Labor Standards Act (FLSA). The lawsuit seeks to recover unpaid compensation in the form of wages, on-call time, commission sales, bonuses, attorney's fees and costs.
Specifically, the complaint alleges that for at least three years before filing this complaint, the defendants had a uniform policy of requiring their employees to work regular and on-call hours and solicit sales without sales incentives or paying for on-call time, overtime compensation, commissions or bonuses.
Plaintiffs allege that they were hired as hourly, non-exempt employees according to the FLSA and that they would be paid for their wages every workweek, plus any earned sales commissions. They claim that they were not paid their full earned wages, earned commissions or overtime despite working over forty (40) hours per week. They also allege fraud by claiming that the defendants deducted a percentage of their sales commissions to pay for their earned wages.
In addition, Michael McElyea also alleges that the defendants violated the Americans with Disabilities Act of 1990 (ADA) by harassing him because of his disability and then retaliated against him by terminating his employment after he filed a complaint with the Equal Employment Opportunity Commission (EEOC).