In the case of Williams v. Simmons, Tommye Williams filed a complaint against her employer, Dean Simmons, for violating the overtime provisions of the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Act (AMWA). Williams claimed that she regularly worked more than 40 hours per week, including off-the-clock hours, which included lunch and work-related travel hours.
Williams alleged that when she was paid for work exceeding 40 hours per week, it was not at the required rate. She claimed that Simmons had calculated her overtime rate of pay incorrectly by not including her annual cash bonus in her regular rate. Williams claimed that the bonus had been mentioned by Mr. Simmons or his agent during her hiring process. She further asserted that the bonus was a guaranteed part of her annual income and she had considered it part of her total compensation package.
Simmons filed a motion to dismiss this complaint. He claimed that Williams failed to adequately plead an overtime violation and did not establish that the bonus was non-discretionary and should be included in her overtime rate calculation.
The court concluded that Williams had met the pleading standard required to state an overtime claim. The court stated that the employer is responsible for keeping proper records of hours and wages and that Williams had provided enough factual evidence to suggest that the bonus should have been included in the overtime rate. Ultimately, the court denied Simmon’s motion to dismiss and allowed the case to proceed.
Key lessons from this case:
- Employees are not expected to keep records of their hours and wages, as it is primarily the responsibility of the employer.
- A non-discretionary bonus must be included when calculating an employee’s pay rate to correctly calculate overtime rates.
- To effectively contend a motion to dismiss, an employee must provide sufficient and specific details regarding the circumstances surrounding overtime violations.
Learn more about Arkansas Labor Laws through our detailed guide.
