Carol Ostrow Sep. 21, 2015, 11:30am


A funeral home staffer is suing his joint employers, alleging failure to comply with labor law from 2013 to the present.

Joseph M. Riccobono sued Serenity Funeral Home LLC, Abita Crematory LLC, and Leonard J. Dunn in the U.S. District Court of the Eastern District of Louisiana on Sept. 11 to recover overtime compensation, liquidated damages, attorney fees, costs, and other relief under the Fair Labor Standards Act.

According to the lawsuit, the complainant was hired by the defendant in October 2013 and is not exempt from FLSA provisions. Riccobono avers that he regularly worked overtime hours without being compensated at one and one-half times his regular rate for all hours worked in excess of 40 hours weekly.

The suit states that the plaintiff has kept records calculating that he is owed the sum of $4,510.37 to date for the years 2013 and 2014. Riccobono alleges that thus far in 2015, he is owed an additional $930.37, with damages increasing as he continues on with his job.

According to the suit, the defendants either paid the plaintiff at his regular hourly rate of $12.50 for hours in excess of 40 per week; or, sometimes, allegedly failed to compensate him at all for the extra time.

Riccobono claims to have suffered loss of income, damages, and incurred attorney fees and costs, for which defendant is liable. Additionally, the suit states, the defendant violated the FLSA willfully, entitling the plaintiff to liquidated damages.

Requesting damages, interest, attorney’s fees, expenses, and court costs, the plaintiff is represented by Scott D. Wilson in Baton Rouge.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-04329-ILRL-KWR

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