Supreme Court of Arkansas

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

June 18, 20152015 Ark. LEXIS 473

Summary

The court affirmed certification of a class of hourly nurses and certified nursing assistants alleging that the Arkansas Department of Veterans Affairs failed to pay overtime for missed meal breaks and pre- and post-shift work. It held that the legality and reasonableness of ADVA'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 a class action was a superior and manageable method of resolving the dispute. Justice Rhonda K. Wood, dissenting, would have held that the materially different policies, instructions, and employee experiences made liability inherently individualized and defeated certification.