Carolyn Clark v. Simmons Bank
United States District Court for the Eastern District of Arkansas
Docket No.: 19-284
On September 5, 2019, a Simmons Bank Teller filed a federal lawsuit in the United States District Court for the Eastern District of Arkansas, asserting that Simmons Bank failed to pay her and hundreds of other Simmons Bank employees overtime wages as required under the Fair Labor Standards Act and Arkansas Minimum Wage Act. Specifically, the Named Plaintiff alleges that Simmons Bank failed to pay her and other employees for performing opening procedures to open Simmons Bank’s branches each morning, including but not limited to waiting for co-workers to arrive on the premises.
If you have worked for Simmons Bank as a Teller or in any other hourly position and performed opening procedures at any time during the last three years, you may be eligible to join the FLSA lawsuit. Please call one of our employment attorneys today for more information. The Court has not yet made any determinations regarding the merits of the case or whether the case will be certified as a collective action. However, the statute of limitations (i.e. the amount of time that may pass prior to you being unable to sue Simmons Bank because too much time has passed) will continue to run until you file a Consent Form with the Court. Hence, if you have worked for Simmons Bank in the last three years and wish to protect your rights pending the Court’s decision on certification, you can sign the Consent Form below, and the Form will be filed with the Court.
Swartz Swidler, LLC has taken this case on a contingency fee. It may be entitled to receive attorney’s fees and costs from Simmons Bank should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, Swartz Swidler, LLC will receive a part of any settlement obtained or money judgment entered in favor of all members of the class or their fees will be paid separately by Simmons Bank. If there is no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any attorney’s fees or costs from any of the Plaintiffs.