Arkansas Department of Veterans Affairs D/b/a Arkansas Veterans Home and Fayetteville Veterans Home, Appellant, V…

Summary

The Supreme Court of Arkansas affirmed certification of a class of hourly nurses and nursing assistants alleging that the Arkansas Department of Veterans Affairs failed to pay overtime for missed meal breaks and pre- and post-shift work. The court held that the legality and reasonableness of the employer's timekeeping and reclamation policies presented common, predominant issues, while individualized questions primarily concerned damages and could be addressed later. The court also held that class treatment was superior because common issues could be resolved efficiently before any individualized proceedings. Justice Wood, joined by Justices Baker and Hart, dissented, asserting that the evidence showed materially different policies and individualized interactions that defeated commonality and predominance.