Supreme Court of Arkansas

Industrial Welding Supplies of Hattiesburg, LLC; Airgas, Inc.; and Airgas USA, LLC v. John Pinson and Larry Murphy…

November 14, 20192019 Ark. 325

Summary

The court affirmed certification of a class seeking recovery for unpaid earned vacation benefits under breach-of-contract and unjust-enrichment theories. It held that common questions concerning Industrial Welding's uniform vacation policy and alleged failure to pay predominate over individual issues, and that class treatment is a fair and efficient method of resolving the claims. The court declined to consider merits-based defenses at the certification stage and recognized subclasses or later decertification as methods for addressing material individual differences.