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Michael Fochtman and Shane O’Neal have brought class-action claims against CAAIR, Inc., DARP, Inc., Simmons Foods, Inc., and Hendren Plastics, Inc. relating to CAAIR and DARP’s illegal labor practices.

CAAIR and DARP claim to provide counseling and rehabilitation services. Instead of providing those services, however, CAAIR and DARP force their charges to toil long hours at manufacturing and food processing businesses, like Simmons Foods, Inc. and Hendren Plastics, Inc., doing dangerous and dirty jobs for no compensation. Fochtman and O'Neal allege that this scheme violates the Arkansas Minimum Wage Act and the Arkansas Consitution's prohibition on slavery. 

The proposed classes include all individuals who were, are, or will be CAAIR or DARP participants from October 23, 2014 until the present, who worked in Arkansas during their time at CAAIR or DARP. Fochtman and O’Neal seek their unpaid back wages at the applicable minimum wage and overtime rates, an equal amount in liquidated damages, and a declaration that CAAIR and DARP’s scheme violates Arkansas law. Fochtman and O’Neal also seek punitive damages, costs, expenses, and reasonable attorneys’ fees.

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