Arkansas Support Network Misclassified In-Home Professionals, Lawsuit Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed wage and hour collective action has been filed against Arkansas Support Network, Inc. by two former direct support professionals who claim they regularly worked 60-hour workweeks without overtime pay. The plaintiffs, whose job was to assist individuals with disabilities, also allege they and members of the proposed collective were often not paid the minimum wage for their hours worked up to 40 each week.

The lawsuit stems from checks issued by the defendant in November 2017 for “back wages owed.” According to the lawsuit, Arkansas Support Network told current and former employees the check amounts were calculated by the U.S. Department of Labor, yet did not inform the individuals how the amounts were tallied. Moreover, the lawsuit says the defendant, while representing that no explanation could be provided as to how check amounts were calculated, failed to disclose to current and former employees that they had to waive their rights in order to accept the back-wage payments.  

“As a result, those employees who accepted the checks did not waive their FLSA rights,” the complaint asserts.