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FLSAClassAction.com FLSAClassAction.com

In the Matter of:
Prime Succession Inc.,
FLSA Class Action Litigation

Notice of Settlement
Motion to Approve Settlement
Order Approving Settlement
Stipulation of Settlement
Settling Defendants
Inclusion Request
Download and Print the Inclusion Request Form

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For Further Information Contact:
James R. Becker, Jr.

On December 16, 1999, the United States District Court for the Western District of Tennessee signed an Order approving the settlement of a class action complaint alleging violations of the Fair Labor Standards Act's guarantees of minimum wage and overtime compensation against, Prime Succession, Inc., a national funeral home operations company.

Prime Succession, Inc., is the third largest operator of funeral home and cemeteries in the United States with most of their holdings concentrated in the Southeast.

The Settlement provides for payment of 100% of the approved claims submitted by the potential class members.

The settlement is unique in that it contains multiple layers of alternative dispute resolution components, coupled with final judicial approval. In the complaint, it was alleged that the defendants, Prime Succession, Inc. and its subsidiary companies, paid their Family Services Counselors at rates significantly below the minimum wage and failed to pay them overtime.

Central to the settlement, the Memphis law firm of Crone & McEvoy, PLC, as class counsel recovered payment of 100% of each individual class member's unpaid minimum wage and overtime for the prior two years. Lead counsel for the class, Alan Crone, feels that this represents a significant achievement for both sides, "Class action cases historically yield only nominal recovery for the class members. This unique settlement structure helped us to insure that the class member receive everything to which they are entitled, at a reduced cost to the defendants."

According to James R. Becker, Jr., an associate of Crone & McEvoy, PLC, FLSA cases are on the rise once more, despite a robust economy, "The Department of Labor has recently stepped up its enforcement actions for FLSA violations. However, the Department of Labor has limited resources and its primary interest is in enforcing the law, not protecting the individual employee's interests. In a situation where one has not received just compensation for work, the employee should seek a private attorney to represent their interests. Private lawsuits are still the best way to resolve these matters."

The seven lawyer firm, Crone & McEvoy, PLC was formed in 1995 in Memphis, Tennessee. Members Alan Crone and Miles McEvoy continue to expand their practice, representing clients across the country in both state and federal courts, acting as lead or local counsel in complex employment and business litigation.


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