TEXARKANA, Arkansas - A civil lawsuit filed in federal court last week accuses a downtown Texarkana business of failing to pay an employee in violation of the Fair Labor Standards Act and Arkansas Minimum Wage Act.
The suit names the 1873 Club of Texarkana, Crossties of Texarkana, Inc., Crossties Texarkana Holdings, Inc., Allison Munn, Joe Gay and Ronald Leslie "Les" Munn as defendants. The complaint was filed Tuesday on behalf of Courtney Gutierrez by Little Rock lawyer Josh Sanford in the Texarkana Division of the Western District of Arkansas.
Les Munn said the business has not been served with a copy of the complaint and declined comment.
Gutierrez claims she regularly worked between 80 and 100 hours per week for the business, which includes a bar and downtown event venue, from February to July. Gutierrez alleges she worked as a manager and assistant manager but was never told whether she would be paid via a salary or by the hour but "rather, defendant merely told plaintiff that she would be 'taken care of.'"
"Plaintiff's primary duties were hiring and firing staff, creating schedules, managing and processing inventory, booking entertainment, cleaning the bar, and opening and closing the bar. Plaintiff also designed the website and advertising for defendant's event venue," the complaint alleges.
Gutierrez alleges she was paid $500 for designing a website for the business and that she earned approximately $155 in tips while bartending one night. Gutierrez alleges she logged hours she worked at a bar owned by the defendants on time cards which are in the possession of the defendants.
The complaint alleges the defendants are in violation of the federal Fair Labor Standards Act and the Arkansas Minimum Wage Act.
Gutierrez is asking for liquidated damages equal to minimum wage for hours worked up to 40 per week and for time-and-a-half for hours worked over 40 per week. She is also asking the court to award her interest, attorney fees and court costs.
The case is currently pending before U.S. District Judge Susan Hickey.