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EMPLOYER – EMPLOYEE Minimum Wage Claim; Carnival Workers; Arkansas Law

cassiejohnson//December 18, 2015

EMPLOYER – EMPLOYEE Minimum Wage Claim; Carnival Workers; Arkansas Law

cassiejohnson//December 18, 2015

 

Where employees of a travelling carnival brought a class action claiming that the employer breached employment contracts and violated the Arkansas Minimum Wage Act, the District Court’s dismissal of claims of breach of contract and tax fraud is reversed because the employees’ allegations describing their employment status were sufficient to plead that they had contracts with the company, and their allegations that the employer failed to pay the prevailing wages stated a valid claim for breach of employment contracts, and their claim for statutory damages was also valid.

Reversed; vacated.

15-1219 Cudellar-Aguilar v. Deggeller Attractions, Inc., appealed from the Eastern District of Arkansas, Gruender, J.

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