Legal Opinion · Dissent

Gerber Products Co. v. Hewitt

Supreme Court of Arkansas

Decided May 26, 2016No. CV-15-966Published

1DissentRhonda K. Wood, Justice

I respectfully dissent. As a result of the majority’s decision, Arkansas will repeat the past mistakes of the federal government, and the floodgates will open to litigation at' the enormous cost to businesses in Arkansas. In addition, the majority undermines the collective-bargaining process and destroys any confidence employers and employees have in the enforceability of their agreements..

The majority repeats the unfavorable history set in motion by the United States Supreme Court following its first interpretation of “work” and “workweek” under the FLSA. See Tenn. Coal, Iron & R. Co. v.…

2Cases cited10 opinions

  1. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  2. Tennessee Coal, Iron & Railroad v. Muscoda Local No. 123Supreme Court of the United States · 1944
  3. Sandifer v. United States Steel Corp.Supreme Court of the United States · 2014
  4. Integrity Staffing Solutions, Inc. v. BuskSupreme Court of the United States · 2014
  5. Kellar v. Fayetteville Police DepartmentSupreme Court of Arkansas · 1999

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