A Gordon & Rees team of Arkansas Partner, H. Barret Marshall, Jr., and North Carolina Partner Allison Becker, along with associates Dean Drew and Benjamin Williams obtained a complete dismissal of a class action lawsuit for a prominent livestock husbandry operation based in Arkansas. The plaintiff brought the lawsuit in the Eastern District of Arkansas on behalf of a class of over two-hundred current and former employees alleging multiple violations under the Fair Labor Standards Act (“FLSA”) and the Arkansas Minimum Wage Act (“AMWA”).
Gordon & Rees responded to the Complaint by filing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The firm’s team successfully argued that Plaintiff’s own factual allegations brought the claims within the agriculture employer exemptions to the alleged FLSA and AMWA violations that were asserted. Without opposing the team’s motion to dismiss, the plaintiff entered a stipulation of dismissal of all claims.