Health care workers who say they were forced to perform extra work without pay by the Arkansas Department of Veterans Affairs should not be able to file a class-action lawsuit, state attorneys told the state Supreme Court Thursday.
The state maintained that the cases weren't similar enough to be brought jointly, arguing that the workers should proceed individually with their cases.
Attorneys representing the workers argued that Pulaski County Circuit Judge Chris Palmer was right when he granted class-action status to the nine nurses and nursing assistants who claim that they -- and potentially hundreds more state VA employees -- were cheated.
The Supreme Court heard the oral arguments Thursday in Little Rock.
The nurses argued that they had to work before and after their shift with no overtime compensation and were seldom reimbursed for routinely working through their 30-minute lunches. Under department policy, the half-hour mealtime was automatically marked as unpaid, even if the workers were too busy to take a break.
Amber Schubert, an attorney defending the department, said the plaintiffs had made inconsistent allegations and were unrepresentative of the hundreds of other employees whom the class-action certification would cover.
The differences in experiences demonstrate a lack of "commonality," Schubert said, a key requirement for any class-action suit.
"[Other employees] essentially said 'these plaintiffs do not represent me,'" Schubert said. "'I never encountered a situation where I had to work through my lunch break or any time off the clock for which I was not compensated.' ... It makes this case an uncommon one and not a common one."
Tim Steadman, an attorney representing the nurses and nursing assistants, said that there was enough commonality for a class-action suit.
Forcing each plaintiff to bring a separate lawsuit would drive up the costs and discourage people from obtaining justice, Steadman said, arguing that the expense would force some workers to abandon legitimate claims.
Without class-action status, Steadman said, "here's a good chance these claims won't be brought."
Metro on 05/29/2015