Lawsuit Over Alleged Unpaid OT, Discrimination Filed Against Fort Smith, Arkansas

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Three individuals have filed a proposed class and collective action against the City of Fort Smith, Arkansas over claims that the defendant inaccurately calculated city employees’ overtime pay rates and discriminated against one woman over her disability.

The plaintiffs, who worked as hourly paid employees for the Fort Smith Transit Department, allegedly received a non-discretionary bonus from the defendant known as “longevity pay” on a regular basis, the lawsuit says. The suit claims the defendant failed to include this bonus in the plaintiffs’ base rates of pay when calculating their time-and-a-half overtime rates in violation of the Fair Labor Standards Act and state law.

Moreover, one plaintiff, a valid CDL holder, alleges she was wrongfully terminated by the defendant over her disability. According to the complaint, “The Department of Transportation (‘DOT’) does not require physicals for City of Fort Smith CDL holders, but Defendant claims it has a discretionary policy of requiring DOT physicals which the City of Fort Smith is free to enforce as much or as little as the City of Fort Smith wants.” The plaintiff claims that after failing an eye examination required by the defendant and despite being granted a “visual waiver,” she was “discharged based on being ‘regarded as’ disabled” in June 2017 and proceeded to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

Further, the woman claims she applied for transit dispatcher and meter reader positions with the defendant in November 2017 and January 2018, respectively. The plaintiff claims she was not interviewed or hired for the positions despite being qualified, and alleges she was denied employment because of the June 2017 charges of discrimination she filed with the EEOC.