City Gov’t Faces Unpaid Overtime Lawsuit Filed By Former Employee

The City of North Little Rock is facing a wage and hour lawsuit filed by a previous employee alleging she was shorted unpaid overtime.

Plaintiff Nancy J. has filed this unpaid overtime lawsuit in an Arkansas federal court. Nancy is a resident of the state of Arkansas and was employed by the City as a Park Maintenance Crew Leader in the Parks Maintenance Department.

According to the unpaid overtime lawsuit, Nancy would often work more than 40 hours per week and would also be required to be on call 24-hours a day.

Nancy was employed by the City between July 2017 and September 2017. She alleges, according to the unpaid overtime lawsuit, that the City had violated the Fair Labor Standards Act (FLSA) by failing to pay her overtime pay.

She states that she often had to work beyond the 40-hour workweek taking calls and messages, mostly from her supervisors.

Violations of the Fair Labor Standards Act

It is often the case that employees who have been given improper minimum wage or overtime pay have alleged FLSA violations against their employers. They file these claims through wage and hour class action lawsuits. Additional violations often committed by employers include denying employees’ breaks and forcing them to work off the clock.

Class action lawsuits brought forth that allege violations of the FLSA can represent thousands of workers, potentially recovering millions in unpaid wages.

Wage and Hour Employment Lawsuit Facts

The FLSA was enacted to protect employees against violations of wage and hour laws and regulations. The Department of Labor estimates that more than 70 percent of employers are in violation of wage and hour laws.

According to the DOL, the FLSA “establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.”

The DOL says the federal minimum wage is $7.25 per hour. That became effective in July 2009, while any covered nonexempt employee must receive overtime pay for any hours worked more than 40 hours per week.

Some violations of wage and hour laws happen more frequently than others. Some common allegations include the following: 1) Misclassification of Exempt Employees; 2) Independent Contractor Misclassification; 3) Off -the-clock work; 4) Unpaid on-Duty Meal and Rest Breaks; 5) Improper Calculation of the Regular Rate; 6) Improper Deductions from Salaried Employees; 7) Illegal Tipping Practices; 8) Failure to Pay Minimum; 9) Failure to Pay Overtime; and 10) Inadequate Recordkeeping.

When a lawsuit is filed due to violations of the FLSA, it is filed as a collective action. The same lawsuit may also include state employment law claims that are brought as a class action. In both scenarios, where an employee files a wage and hour violation lawsuit, an employee can obtain and recover unpaid wages.

The Unpaid Overtime Lawsuit is Case No. 4:17-cv-00729-BSM, in the U.S. District Court for the Eastern District of Arkansas, Western Division.

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