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Contact Info:

Clark W. Mason
 Clark Mason Attorneys
clarkmason.com

The Prospect Building
1501 N. University, Suite 350
Little Rock, AR 72207

Telephone:
(501) 219-0077
Toll Free:
(800) 516-2766
Fax:
(501) 219-2277
Nolan E. Awbrey
 Hare, Wynn, Newell & Newton LLP
hwnn.com

 Metropolitan National Plaza
4220 N. Rodney Parham Rd.
Suite 250
Little Rock, AR 72212

Telephone:
(501) 225-5500
Toll Free:
(877) 225-6312
Fax:
(501) 225-5501

FAQ

Will joining this lawsuit affect my current assignment or any off duty jobs.

No. Absolutely not. The City Of Little Rock and LRPD is strictly prohibited from taking any action, directly or indirectly, relating to your job. Even Chief Thomas stated under oath, in his deposition taken October 10, 2008, that there would be no retaliation for those who participate in the lawsuit. Retaliation, directly or indirectly, is in violation of federal law and absolutely prohibited. In the past, defendants, such as the City in this case, learned very expensive lessons about attempting to retaliate against employees that seek to enforce their legal rights in FLSA cases. If the City were to take any action detrimental to you for participating in the case, a retaliation claim will be triggered. The FLSA has an entire section dedicated to retaliation claims and retaliation has the practical effect of turning claims for back wages into a multimillion dollar claim against the city for retaliation, permitting recovery for enhanced damages, including punitive damages. Courts and juries have little sympathy for employers that attempt to intimidate their employees through retaliation or threats of retaliation for requesting their employer simply follow the law.

Title 29 of the United States Code §15(a)(3) and§ §16(b) states, in part, "It shall be unlawful...to discharge or in any other manner discriminate against any employee because such employee has filed any compliant (sic) or instituted...any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding...Any employer who violates the provisions of section 15(a)(3) of this Act shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 15(a)(3), including without limitation employment, reinstatement, promotion and the payment of wages lost and an additional equal amount as liquidated damages."

When asked what he had said regarding retaliation and off-duty employment, Chief Thomas testified under oath:

No Retaliation

Q. "Do you recall what you said in that regard (to retaliation)?

A. "Effectively that we weren't going to let whatever opinions or participation we had in this affect us. We're going to go about our business...And there's not going to be any issues about retaliation or harassment or anything else about anybody expressing their opinion. Everybody has a right to have an opinion as to what they think is appropriate. If they choose to participate in litigation, that's a decision they make. We're going to conduct our business as professionals and go on."

Off-Duty Employment

Q. "Does the City derive some benefit from that (off-duty employment)? Just the appearance of the official uniform even though they're off duty?"

A. "The City doesn't derive a financial (benefit) directly from off-duty employment, but I personally believe that, yes, we do...you have many situations where if the private business or industry hires an individual to be present they will frequently take care of things that might require us to dispatch a normal patrol unit to do. They also have a deterrent effect. I believe very firmly that the visibility and presence of a police vehicle, of a police officer, has a deterrent effect and may, may move them from one place to another, but it does have a bit of a deterrent effect. So, I believe that off duty employment by private employers within the context of our policy is a positive thing...as a general rule, the way our policy governs it, I believe it's beneficial to us all."
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Why haven't I been contacted to join this case?

Attorneys are prohibited by rules of professional conduct from directly soliciting officers to join this lawsuit until a Class Certification motion has been granted by the court. On November 17, 2008 a motion for Class Certification was filed with the Court, which requested the Court's permission to send notice to all potential collective action members. On February 2, 2009 the motion was granted by U.S. District Judge Susan Webber Wright certifying the lawsuit as Class Action. Once a mutually agreeable opt-in notification format has been submitted to Judge Wright, a formal notice and other information will be provided directly to all potential members of the suit. However, in the interim, if you are a uniformed patrol officer and would like to be contacted regarding your rights or the status of this suit, click here to provide your contact information.

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How do I join the lawsuit?

To determine whether you are eligible to participate in any settlement or award the may be recovered, due to the nature of this type of case you must complete two forms and return them to the attorneys handling the case. The first document you must return is a "consent form" whereby you consent to be paid from any recovery that is awarded. It is a formality, but a very important one that the Court requires you to fill out so you will be eligible to recover any available missed wages or overtime payments. Complete the consent and information form and fax or mail it to Clark Mason Attorneys, 1501 N. University, Suite 350, Little Rock, AR 72207 or fax to (501) 219-2277. In addition you will be required to complete a contingency attorneys fee agreement so we can represent you as your attorneys. Once the contract is executed, all contact between us will be protected by the attorney-client privilege and absolutely confidential.

CAUTION: Under the FLSA you are required to fill out the consent form in order to share in any funds that may be awarded either by the Court or by settlement in this lawsuit.

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What is a Donning and Doffing Case?

"Donning and Doffing" are terms used to describe the acts of putting on and taking off. Donning naturally means to put on and doffing, of course, means taking off or removing. In the legal world Donning and Doffing cases arise under the Federal Fair Labor Standards Act ("FLSA") and, typically, result from an employer's failure to pay employees for their time spent donning and doffing particular equipment that is necessary for them to do their jobs. The legal standard is whether the equipment is a necessary and integral part of their job. Thus, donning and doffing regular clothes would typically not be compensable under the FLSA. What is compensable is time spent donning and doffing items that are integral and indispensable to the performance of one's job and are worn for the employer's benefit. In other words, items required to be worn in order to do your job. For a good discussion of equipment as it relates to police officers, take a look at the recent decision issued by the United States District Court for the Northern District of California in the case of Lemmon v. City of San Leandro. Therein the United States District Court explained the background of the case, the special items required to be worn by officers like those here in Little Rock, and held that the time spent in donning and doffing their uniforms and equipment was time that should be paid by the City, just as is claimed in this case

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Do I have a claim?

If at any point within the past three years you worked for the Little Rock Police Department as a uniformed police officer, you are eligible to participate in this collective action, particularly if you were required to wear a Class B uniform. Two years is the base statute of limitation under the FLSA. However, investigation has revealed the City of Little Rock knew of the overtime pay requirements under the FLSA. Where an employer willfully violates the FLSA the statute of limitations extends to three years. Therefore, any uniformed officer who has worked for Little Rock Police Department within the past three years is eligible to opt-in.

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How are damages computed?

Potential Damages are primarily computed by:

Step 1) Determining the amount of time the City of Little Rock failed to pay you for in violation of the FLSA on a weekly basis.
Step 2) Calculate all unpaid time for the past three years.
Step 3) Multiply the total amount of unpaid time calculated in Steps 1 & 2 by the officer's overtime rate (assuming the officer worked the maximum number of hours allowed before overtime pay applied), and finally.
Step 4) Doubling the amount calculated in Step 3. The doubling of the amount calculated in Step 3 is called liquidated damages and was built into the law to deter employers from violating the FLSA. Liquidated damages are not assessed to penalize an employer. Rather, liquidated damages are meant to deter employers from ignoring the FLSA and to make certain the wages owed employees are paid when the money is rightfully earned.

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How much money can I expect to receive?

Once individual pay rates and the number of hours of uncompensated time are determined, claims will vary among officers. However, preliminary analysis by experts formerly with the Department of Labor suggests claims for some officers may approach or even exceed $50,000 in back pay.

The contract is for a 1/3 attorneys' fee payable to the attorneys only in the event of a recovery with all costs associated with the case being paid by the law firms. Should the case not result in a settlement to you or favorable judgment, neither you nor your fellow officers will be responsible for repayment of any of the costs incurred or any attorneys' fees. In the event we receive a favorable recovery, payment of attorneys' fees and reimbursement of the costs advanced will be made from your portion of the recovery. In addition, we will request that the judge award attorneys' fees to be paid by the City. In the event the judge requires the City to pay any attorneys' fees, the amount awarded as fees will be credited to you on a pro rata basis and used to offset the fees due under your contract with the attorneys. This has the effect of increasing your net recovery by offsetting the amount you pay and actually putting your share of any court awarded fees in your pocket. The judge has the discretion to award fees, but that does not mean they will actually be awarded. You can be assured they will be pursued.
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How long will it take to conclude my case?

Based on our experience, cases such as these could be settled within a matter of months. On the other hand, should the city be unwilling to negotiate a settlement and we are required to fully litigate the claims, it could take a year or more. The benefit of this form of litigation is that you do not have to pay anything – meaning your bottom line isn't affected while the case progresses. Additionally, the FLSA includes harsh punishments for employers that retaliate against employees for joining a collective action. Retaliation penalties can be severe, giving you extra security in your job after joining the action.

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How much of my time will be required to assist in the preparation and handling of the case?

Your days are busy already and we understand that. After all, this case is about getting you paid for the numbers of hours you work already without being paid as required under the law, thus we are sensitive to the value of your time. Accordingly, we will do our best to ensure the amount of your time expended is kept to a minimum. Frankly, other than the possibility the attorneys for the city may want to take your deposition, which is unusual in these cases, the time you actually spend on this case is expected to be nominal. We will request basic information from you from time to time, but given the facts in the case are essentially undisputed, the time required should be nominal.

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What happens if I do not participate in this case?

In the event you do not "opt in", the law does not permit you to share in any cash settlement or favorable verdict. Choosing not to participate is your right and we understand is a personal decision only you can make. However, the window in which officers may join the case is small. Once you are formally provided notice by the court of your opportunity to participate, that window opens and a reasonable time is provided for you and other officers to "opt in" by signing the Consent Form and a contract for us to represent you. Once that window closes any officers who decided not to join or failed to return their paperwork to us on time are barred from joining the collective action at a later date. Only those officers that join the action will receive a portion of any settlement or judgment.

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