Bethany v. Careplus Staffing Services LLC et al
ORDER granting 20 Motion. 28 & 30 Motions denied without prejudice. This case is referred to arbitration, stayed, and administratively terminated. Joint status report due by 12/8/2017, and every 6 months thereafter until arbitration is concluded. Signed by Judge D. P. Marshall Jr. on 7/12/2017. (jak)
Case 3:17-cv-00010-DPM Document 36 Filed 07/12/17 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
TINA BETHANY, Individually and
on Behalf of Others Similarly Situated
CAREPLUS STAFFING SERVICES LLC;
SUMMIT HEALTH AND REHABILITATION
LLC; PROGRESSIVE ELDERCARE SERVICES
INC., d/b/a Southern Trace Rehabilitation and
Care Center; COURTYARD REHABILITATION
AND HEALTH CENTER LLC; SA ELDERCARE
LLC; PROGRESSIVE ELDERCARE SERVICES
MORRILTON INC., d/b/a Brookridge Cove
Rehabilitation and Care Center; JOHN
PONTHIE; LAWRENCE OPERATIONS LLC,
d/b/a Walnut Ridge Nursing & Rehabilitation
LLC; OHI HEALTHCARE PROPERTIES
LIMITED PARTNERS; and OHI ASSET (AR)
WALNUT RIDGE LLC
Tina Bethany has sued, individually and on behalf of all others similarly
situated, about alleged overtime violations under the Fair Labor Standards
Act and Arkansas Minimum Wage Act. She says all the various defendants
were her employers when she worked as a nurse for them. Most of the
defendants have moved to compel arbitration; two have moved to dismiss.
Case 3:17-cv-00010-DPM Document 36 Filed 07/12/17 Page 2 of 3
The motion to compel arbitration is granted. The parties* agreed to
arbitrate “any claim, controversy, or dispute arising out of or related to [her]
employment,” ¹ 20-1 at 1, including disputes about compensation and those
arising under the FLSA and similar state statutes. ¹ 20-1 at 2. It’s clear
Bethany’s lawsuit about overtime touches matters covered by the arbitration
provision. Leonard v. Delaware North Companies Sport Service, Inc., 2017 WL
2743092, at *2 (8th Cir. 27 June 2017).
And binding precedent approves
Bethany’s specific waiver of her right to bring a class or collective action in
any forum, ¹ 20-1 at 3–4. Cellular Sales of Missouri, LLC v. National Labor
Relations Board, 824 F.3d 772, 775–76 (8th Cir. 2016); Owen v. Bristol Care, Inc.,
702 F.3d 1050, 1054–55 (8th Cir. 2013). The Supreme Court may soon resolve
a similar issue. National Labor Relations Board v. Murphy Oil USA, Inc., 137 S.
Ct. 809 (2017). For now, the law in the Eighth Circuit requires that Bethany’s
case be arbitrated.
The OHI defendants’ motion to dismiss is denied without prejudice.
They say Bethany’s claims against them fail under Rule 12(b)(6), and that they
The agreement broadly covers Lawrence Operations and “any of its
affiliates, subsidiaries, parent companies, owners, operators, controlling entities
or persons, members, consultants or locations . . .[.]” ¹ 20-1 at 1.
Case 3:17-cv-00010-DPM Document 36 Filed 07/12/17 Page 3 of 3
aren’t Bethany’s employers as a matter of fact. But construing the arbitration
agreement liberally, Leonard, 2017 WL 2743092 at *2, any claim Bethany may
have against the OHI defendants must be arbitrated too, not litigated here.
Motion, ¹ 20, granted. Motion and amended motion, ¹ 28 & 30,
denied without prejudice. This case is referred to arbitration, stayed, and
administratively terminated. Any party may move to reopen, if need be,
when arbitration concludes. Joint status report due by 8 December 2017, and
every six months thereafter until arbitration is concluded.
D.P. Marshall Jr.
United States District Judge
12 July 2017
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