FLSA Class-Action Suit Against Arkansas Telecommunications Companies

On Wednesday in the Western District of Arkansas, plaintiff Dana Plough filed a class and collective-action complaint against telecommunications companies MobileLink Arkansas, LLC and S&S Infinite Mobile, Inc. for violating the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Act (AMWA).

Plough averred that the suit arises from the defendants’ “failure to pay Plaintiff and all others similarly situated overtime compensation for all hours worked (per week) in excess of forty (40) while participating in job-related training.” Thus, the plaintiff alleged that the defendants have violated the FLSA and AMWA. Furthermore, the plaintiff claimed that upon information and belief, the defendants have allegedly violated the FLSA and AMWA for three years prior to this suit.

The plaintiff was employed as a Territory Manager for S&S Infinite Mobile, which operates retail stores for Cricket Wireless; S&S and was later bought by MobileLink and the plaintiff subsequently was employed by MobileLink as a Territory Manager for several retail store locations in northern and western Arkansas. Moreover, the plaintiff stated that she was classified by the defendants “as exempt from overtime wages and was paid a salary.” The plaintiff worked for the defendants from approximately November 2017 to October 2019. The plaintiff proffered that at all times she “has been entitled to the rights, protections, and benefits provided under the Fair Labor Standards Act.”

The collective-action is brought forth for all similarly situated persons as “District (‘Territory’) Managers and who were or are employed by Defendant S&S or Defendant MobileLink and who are entitled to payment for all of their overtime wages which Defendants failed to pay from three years prior to the date of the filing of this lawsuit, through the time of the trial of this case.”

The plaintiff contended that she and the putative class worked more than 40 hours per week while attending required job-related training. Moreover, plaintiff Plough asserted that the defendants failed to pay her and the putative class “an overtime rate of one and one-half times their regular rate of pay for all hours worked” over 40 hours per week, while the plaintiff and putative class participated in job-related training. Accordingly, “Defendant paid Plaintiff and members of the class a salary with no overtime premium.” However, the FLSA “requires employers to pay employees one and a one-half times the employee’s regular rate for all hours that the employee works in excess of forty (40) per week.” Thus, the plaintiff claimed defendants also failed to pay overtime compensation in violation of the FLSA. Specifically, the plaintiff asserted that the defendants “intentionally” misclassified her and the putative class as exempt employees under the FLSA. The plaintiff also alleged that the defendants “showed reckless disregard” for their purported FLSA violations. Moreover, the plaintiff claimed that the defendants “failed to pay Plaintiff overtime wages owed, as required under the AMWA.” Plaintiff Plough averred that the aforementioned violations were “willful, intentional, unreasonable, arbitrary, and in bad faith.”

The plaintiff has sought declaratory judgment, an award for damages, an award for costs and fees, pre- and post-judgment interest, and other relief.

The plaintiff is represented by WH Law, PLLC.