Arkansas Department of Veterans Affairs D/b/a Arkansas Veterans Home and Fayetteville Veterans Home — Wynne, J…

Summary

The dissent would affirm class certification because the employees were subjected to the same automatic meal-break deduction policy and the reasonableness of that policy and its reclamation procedure presented common, predominant issues. It contends that the majority improperly reached the merits of the wage claim and relied on an argument concerning varied job duties that was not preserved below and, in substance, challenged typicality rather than predominance. Justice Wood, concurring, agreed with the result but stated that the court should not have distinguished the earlier class-certification decision because neither case was appropriate for class certification.