TEXARKANA, Ark. — A pair of workers for Texarkana, Arkansas-based non-profit company Opportunities, Inc. recently filed an unpaid overtime lawsuit against their employer alleging the defendant broke Arkansas wage laws by willingly denying them time and a half pay.
Plaintiffs filed their lawsuit in Miller County Circuit Court asking for back pay, punitive damages, attorney’s fees, and court costs.
Opportunities, Inc. is a non-profit organization providing services for special needs infants, children, and adults throughout Arkansas. The company operates two such facilities across the state.
According to the complaint, the plaintiffs worked as “house managers” in a group home for developmentally challenged adults at the residential site for Texarkana Special Education Center, Inc. which does business as Opportunities, Inc. The plaintiffs claim they worked over 40-hours per week at the facility but were told to clock out at certain times and therefore were not paid time and a half for hours worked of the 40-hour per week overtime threshold.
One plaintiff claims she worked from 3 pm to 8 am every shift from April 2013 to June 2014 but was told to clock out at 10 pm. During the time she was “off the clock” she was required to remain on call a the facility throughout the night and assist resident should the need arise.
The other plaintiffs makes a very similar claim, alleging she was scheduled from 6 am on Fridays to 6 am on Mondays but was told to clock out at 10:30 pm on Friday, Saturday, and Sunday nights. Similarly, the second plaintiff also had to remain on call as the only staff member to supervise the dozen or so adults living at the facility.
Plaintiffs Ask for Punitive Damages in Arkansas Unpaid Overtime Lawsuit
The two plaintiffs allege violations of Arkansas Minimum Wage Act seeking various damages. Among the compensation sought is punitive damages for what the plaintiffs deem willful violations of state labor laws.
Punitive damages are a rare type of compensation give to plaintiffs as a measure to punish the defendant for their gross violations of civil law and deter similar behavior. Other jurisdictions use language such as “liquidated damages” asking the courts for extra compensation should they see fit.
National Unpaid Overtime Lawsuit Attorneys
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Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.