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Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 8 of 1732.Defendant Progressive Eldercare Services Inc., annual gross volume ofsales made or business done is not less than 500,000.00 (exclusive of excise taxes atthe retail level that are separately stated).33.At all relevant times, Progressive Eldercare Services Inc., has had aminimum of four employees9.:. SA Eldercare, LLC34.Defendant SA Eldercare, LLC, is an Arkansas limited liability company,maintaining an agent for service as follows: Gerald Crochet, 10201 W. Markham, Suite213, Little Rock, Arkansas 72205.35.Defendant SA Eldercare, LLC, was Plaintiff's employer within the meaningof the FLSA, 29 U.S.C. § 203(d), and the AMWA, AC.A. § 11-4-203, during the periodrelevant to this lawsuit.36.Defendant SA Eldercare, LLC, has employees engaged in commerce andhas employees handling or otherwise working on goods or materials that have beenmoved in or produced for commerce by others.37.Defendant SA Eldercare, LLC, annual gross volume of sales made orbusiness done is not less than 500,000.00 (exclusive of excise taxes at the retail levelthat are separately stated).38.At all relevant times, SA Eldercare, LLC, has had a minimum of fouremployees.Page 8of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 9 of 17h. Defendant Progressive Eldercare Services-Morrilton, Inc.39.Defendant Progressive Eldercare Services-Morrilton, Inc., is an Arkansaslimited liability company, maintaining an agent for service as follows: Amy M. Wilbourn,4375 N. Vantage Drive, Suite 405, Fayetteville, Arkansas 72703.40.Defendant Progressive Eldercare Services-Morrilton, Inc., was Plaintiff'semployer within the meaning of the FLSA, 29 U.S.C. § 203(d), and the AMWA, AC.A. §11-4-203, during the period relevant to this orrilton,Inc.,hasemployees engaged in commerce and has employees handling or otherwise working ongoods or materials that have been moved in or produced for commerce by others.42.Defendant Progressive Eldercare Services-Morrilton, Inc., annual grossvolume of sales made or business done is not less than 500,000.00 (exclusive ofexcise taxes at the retail level that are separately stated).43.At all relevant times, Progressive Eldercare Services-Morrilton, Inc., hashad a minimum of four employees.1.44.Defendant John PonthieDefendant John Ponthie owns and operates numerous nursing homesthroughout the state of Arkansas, including the facility where Plaintiff was employed.45.As owner and officer of Walnut Ridge Nursing and Rehab, DefendantPonthie had control over Plaintiff's conditions of employment, including but not limited toher wages, schedule, the manner in which their work was performed, etc.46.A number of the nursing homes in question are owned by DefendantPonthie individually, while others are owned through Defendant-controlled domesticPage 9of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 10 of 17limited liability companies such as JEJ Investments, LLC and RMJ lnterets, LLC.Regardless of method of ownership, John Ponthie is responsible for a network ofArkansas nursing homes that have consistently failed to pay their employees theovertime wages pursuant to the FLSA.47.Defendants were Plaintiff's employers within the meaning of the FLSA, 29U.S.C. § 203(d), and the AMWA, AC.A. § 11-4-203, during the period relevant to thislawsuit.48.Plaintiff worked for Defendants as a nurse within the three (3) yearspreceding the filing of this Complaint; Plaintiff was paid on an hourly basisIV.FACTUAL ALLEGATIONS49.Plaintiff repeats and re-alleges all the preceding paragraphs of thisComplaint as if fully set forth in this section.50.Defendant classified Plaintiff as an hourly employee nonexempt from theovertime requirements of the FLSA and the AMWA.51.Defendants hired Plaintiff as a nurse in Defendant's business.52.Defendants paid Plaintiff at a rate of approximately 16.80 per hour.53.Plaintiff's typical shift ran from 7:00 AM until 7:00 PM, or twelve hours.54.Plaintiff was typically scheduled to work three to four days per week.55.Plaintiff was required to clock-in using a fingerprint system time clock atthe beginning of her shift and was required to clock-out using the same system at thetime her shift was scheduled to end.56.Defendants' did not approve payment of overtime for Plaintiff, even thoughPlaintiff was assigned work that could not be completed within forty (40) hours.Page 10of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 11 of 1757.It was Defendants' policy to require Plaintiff and other employees to onlyreport forty (40) hours per week, and any overtime hours reported would lead todisciplinary action.58.Plaintiff always or almost always worked in excess of forty (40) hours oerweek throughout her tenure as nurse for Defendants .59.Defendant was aware that Plaintiff was working in excess of forty (40)60.Plaintiff was not paid overtime for all of the hours that she worked inhours.excess of forty (40) per week.V.30.REPRESENTATIVE ACTION ALLEGATIONSPlaintiff repeats and re-alleges all previous paragraphs of this Complaintas though fully incorporated in this section.31.Plaintiff brings his claims for relief for violation of the FLSA as a collectiveaction pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b), on behalf of allpersons who were, are or will be employed by Defendant as similarly situatedemployees at any time within the applicable statute of limitations period, who areentitled to payment of the following types of damages:A.Overtime premiums for all hours worked for Defendant in excess offorty (40) hours in any week;32.B.Liquidated damages; andC.Costs of this action, including attorney's feesIn conformity with the requirements of FLSA Section 16(b), Plaintiff has orwill file shortly a Consent to Join this lawsuit.Page 11of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 12 of 1733.The relevant time period dates back three years from the date on whichPlaintiff's Original Complaint was filed herein and continues forward through the date ofjudgment pursuant to 29 U.S.C. § 255(a), except as set forth herein below.34.The proposed class of opt-in Plaintiffs in this case is defined as all personswho meet the following requirements:A.Were or are employed by Defendant with the United States asnurses, certified nurse's aides, or equivalent positions; andB.Were or are required by Defendants to work off the clock after theconclusion of each shift.35.The proposed FLSA class members are similarly situated in that theyshare these traits:A.They performed the same or similar job duties;B.They were classified by Defendant as hourly employees nonexempt from the overtime requirements of the FLSA.C.They were subject to Defendant's common compensation policythat deprived them of overtime wages.36.Plaintiff is unable to state the exact number of class members but believesthat the class exceeds fifty (50) persons.37.Defendants can readily identify the members of the Section 16(b) class,which encompasses all site workers and other similar employees employed byDefendants within three (3) years prior to the filing of Plaintiff's Original Complaint.38.The names and physical and mailing addresses of the FLSA collectiveaction Plaintiffs are available from Defendants, and a Court-approved Notice should bePage 12of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 13 of 17provided to the FLSA collective action Plaintiffs via first class mail and email to their lastknown physical and electronic mailing addresses as soon as possible, together withother documents and information descriptive of Plaintiff's FLSA claim.VI.FIRST CLAIM FOR RELIEF(Individual Claim for Violation of FLSA)39.Plaintiff repeats and re-alleges all previous paragraphs of this Complaintas though fully set forth herein.40.Defendants has failed and refused to comply with the FLSA's wagerequirements by failing to pay Plaintiff one and one half times his regular rate for allhours worked in excess of forty (40) hours per week during Plaintiff's employment asdescribed in this Complaint.41 .Many work weeks, if not all work weeks, Plaintiff worked more than forty(40) hours per week and was not paid overtime for riding back to the shop or time spentat the shop thereafter.42.Defendants violated the FLSA by failing to pay overtime compensation toPlaintiff. The FLSA regulates, among other things, the payment of overtime pay byemployers whose employees are engaged in commerce, or engaged in the productionof goods for commerce, or employed in an enterprise engaged in commerce or in theproduction of goods for commerce. 29 U.S.C. § 207(a)(1 ).43.Defendants are and were at all times subject to the overtime payrequirements of the FLSA because it is an enterprise and its employees are engaged incommerce.Page 13of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 14 of 1744.Defendants' conduct and practices, as described above, were willful,intentional, unreasonable, arbitrary and in bad faith.45.By reason of the unlawful acts alleged herein, Defendants are liable toPlaintiff for monetary damages, liquidated damages and costs, including reasonableattorney's fees as provided by the FLSA for all violations which occurred beginning atleast three (3) years preceding the filing of Plaintiff's initial complaint.46.Defendants have not acted in good faith nor with reasonable grounds tobelieve its actions and omissions were not a violation of the FLSA, and, as a resultthereof, Plaintiff is entitled to recover an award of liquidated damages in an amountequal to the amount of unpaid overtime premium pay described above pursuant toSection 16(b) of the FLSA, 29 U.S.C. § 216(b).47.Alternatively, should the Court find that Defendants acted in good faith infailing to pay Plaintiff as provided by the FLSA, Plaintiff is entitled to an award ofprejudgment interest at the applicable legal rate.VI.SECOND CLAIM FOR RELIEF(Individual Claim for Violation of AMWA)48.Plaintiff repeats and re-alleges all previous paragraphs of this OriginalComplaint as though fully set forth herein.49.At all relevant times, Defendants have been Plaintiff's "employers" withinthe meaning of the AMWA, Ark. Code Ann.§ 11-4-203(4).50.The AMWA required and requires Defendants to pay Plaintiff one andone-half times his regular rate for all hours worked over forty (40) hours per workweekduring the applicable statutory limitations period.Page 14of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 15 of 1751.Defendants required Plaintiff to work in excess of forty (40) hours in manyif not all weeks, but failed to pay Plaintiff overtime compensation for all of the hours inexcess of forty (40) hours each week.52.Defendants' conduct and practice, as described above, was willful,intentional, unreasonable, arbitrary and in bad faith.53.By reason of the unlawful acts alleged herein, Defendants are liable toPlaintiff for monetary damages, liquidated damages, prejudgment interest, civil penaltiesand costs, including reasonable attorney's fees as provided by the AMW A.VII.THIRD CLAIM FOR RELIEF(Collective Action Claim for Violations of FLSA)54.Plaintiff repeats and re-alleges all previous paragraphs of this OriginalComplaint as though fully set forth herein.55.Plaintiff, individually and on behalf of all others similarly situated, assertsthis claim for damages and declaratory relief pursuant to the FLSA, 29 U.S.C. § 201, etseq.56.At all relevant times, Defendants have been, and continues to be, an"employer" of Plaintiff and all those similarly situated within the meaning of the FLSA, 29U.S.C. § 203.57.Class members suffered the same FLSA minimum wage and overtimeviolations as Plaintiff suffered individually, as alleged herein above.58.By reason of the unlawful and willful acts alleged herein, Defendant isliable to Plaintiff and all those similarly situated for monetary damages, liquidatedPage 15of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 16 of 17damages, and costs, including reasonable attorneys' fees, for all violations thatoccurred within the three (3) years prior to the filing of Plaintiff's Original Complaint.IX.PRAYER FOR RELIEFWHEREFORE, premises considered, Plaintiff Tina Bethany respectfully prays fordeclaratory relief and damages as follows:(a)That each Defendant be summoned to appear and answer herein;(b)A declaratory judgment that Defendants' practices alleged herein violatethe Fair Labor Standards Act, 29 U.S.C. §201, et seq., and attendant regulations at 29C.F.R. §516 et seq.;(c)A declaratory judgment that Defendants' practices alleged herein violatethe Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relatedregulations;(d)Judgment for damages for all unpaid overtime wage compensation owedto Plaintiff and all those similarly situated under the Fair Labor Standards Act, 29 U.S.C.§201, et seq., and attendant regulations at 29 C.F.R. §516 et seq.;(e)Judgment for damages for all unpaid overtime wage compensation underthe Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relatedregulations;(f)Judgment for liquidated damages pursuant to the Fair Labor StandardsAct, 29 US.C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq., in anamount equal to all unpaid overtime compensation owed to Plaintiff during theapplicable statutory period;Page 16of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. {E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1 Filed 01/20/17 Page 17 of 17(g)Judgment for liquidated damages pursuant to the Arkansas MinimumWage Act, Ark. Code Ann. § 11-4-201, et seq. and the relating regulations;(h)Judgment for any and all civil penalties to which Plaintiff may be entitled;(i)Judgment for punitive damages pursuant to the Arkansas Civil JusticeReform Act;U)An order directing Defendants to pay Plaintiff prejudgment interest,reasonable attorney's fees and all costs connected with this action; and(k)Such other and further relief as this Court may deem necessary, just andproper.Respectfully submitted,TINA BETHANY, Individuallyand on behalf of OthersSimilarly Situated, PLAINTIFFSANFORD LAW FIRM, PLLCONE FINANCIAL CENTER650 SOUTH SHACKLEFORD, SUITE 411LITTLE ROCK, ARKANSAS 72211TELEPHONE: (501) 221-0088FAC MILE: (888) 787-2040'lBy:--dominigue@sanfordlawfirm.com A--Chris BurksArk. Bar No. 2010207chris@sanfordlawfirm.comandY1J1{Josh SanfordArk. Bar No. 2001037josh@sanfordlawfirm.comPage 17of17Tina Bethany, et al. v. Careplus Staffing Services, LLC, et al.U.S.D.C. (E.D. Ark.) No. 3:17-cvOriginal Complaint - Collective Action

Case 3:17-cv-00010-DPM Document 1-1 Filed 01/20/17 Page 1 of 1JS 44CIVIL COVER SHEET(Rev. 08/16)The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF 111IS FORM.)DEFENDANTSI. (a) PLAINTIFFSCareplusStaffing Services, LLC et al.Tina Bethany, Individually and on behalf of Others Similarly Situated(b) County of Residence of First Listed PlaintiffL awr e n ceCounty of Residence of First Listed Defendant(JN U.S. PL.4/NTIFF CASES ONLY)(EXCEPT IN U.S. PLAINTIFF CASES)NOTE:Jo'W fffmw.s mO'M't C lf'S'Buth Shackleford, Suite411, Little Rock, AR 72211; 501-221-0088; josh@sanfordlawfirm.com(JI2Attorneys (IfKnown)ID. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in 0ne Box/or PlaintiffII. BASIS OF JURISDICTION (Placean "X"inOneBox0n1y)(J(For Diversity Cases Only) 3 Federal QuestionU.S. GovernmentPlaintiff(Jand One Box/or Defendant)PI'F(US. Government Not a Party)U.S. GovernmentDefendantIN LAND CONDEMNATION CASES, USE 11IB WCATION OF11IB TRACT OF LAND INVOLVED.4 Diversity(Indicate Cilizenship ofParties in Item III)DEFPI'FDEFCitizen of This State(J I(Jlncoiporated or Principal Placeof Business In This StateD4D 4Citizen of Another StateD 2D 2InCOJ)IOJllted and Principal Placeof Business In Another StateOSOSCitizen or Subject of aForciD 3D 3 Foreign Nation0606IV. NATURE OF SUIT (Place an "X-inOneBoxOnlyJ(J 110 InsurancePERSONAL INJURY(J 120 Marine(J 130 Miller Act(J 140 Negotiable Inslrument(J ISO Recovery ofOveipayment(J(J(J(J(J(J(J& Enforcement of JudgmentISi Medicare Act152 Recovery of DefaultedStudent Loan!;(Excludes Veterans)153 Recovery ofOveipaymentof Veteran's Benefits160 Stockholders' Suits190 Other Contract19S Contract Product Liability196 Franchise(J 310 Ailplanc(J 315 Ailplane Product(J(J(JD(J(J(JLiability320 Assault, Lille! &Slander330 Federal Employers'Liability340 Marine34S Marine ProductLiability3SO Motor Vehicle3SS Motor VehicleProduct Liability(J 360 Other PersonalInjury(J 362 Pmonal h!jury-i[ ::iwilJ!iiliifL: :t mMedical!i.(J 220 Foreclosure(J 441Voting(J(J 230 Rent Lease & Ejectment(J 442 Employment(JD 240TortstoLandCJ 24S Tort Product Liability(J 290 All Other Real PropertyD 443 Housing/Accommodations(JD 44S Amer. w/Disabilitics - (JEmployment(J 446 Amer. w/Disabilitics - (JOther(JD 448 EducationOriginalProCeedingof Property 21 USC 881(J 690 Other(J 422 Appeal 28(J 423use IS8(J 37S False Claims Act(J 37

I.INTRODUCTION 1. Plaintiff, individually and on behalf of all others similarly situated, brings this action under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA"), and the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. ("AMWA"), for declaratory judgment, monetary damages, liquidated damages, prejudgment interest,