Jefferson County, Arkansas is staring down a proposed class and collective action filed by two hourly paid deputy sheriffs who claim they did not receive overtime pay or compensatory time off at the required time-and-a-half rate.
The case says the defendant established a work period for deputy sheriffs of 171 hours in a 28-day period and explains that hours worked in excess of 171 within this period should be compensated at a time-and-a-half rate. The plaintiffs claim, however, they did not receive proper overtime pay or compensatory time off at the mandatory time-and-a-half rate for their overtime work. From the complaint:
“The [Fair Labor Standards Act] allows a public agency to pay compensatory time off in lieu of monetary overtime compensation, but it must be at the rate of not less than one and one-half (1.5) hours for each hour of overtime work.”
The suit, which cites the overtime provisions of the Fair Labor Standards Act and Arkansas Minimum Wage Act, seeks to represent all hourly paid deputy sheriffs employed by the defendant within three years prior to the suit’s filing who were not compensated for all hours worked, including overtime hours.