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Arkansas Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: The governor of Arkansas made it illegal for businesses to require vaccine for employment Tyson is now firing if you

Don’t get it by November1 Is this legal

Chris W. Burks
Chris W. Burks answered on Aug 4, 2021

Thanks and what Tyson and many other companies are doing is likely legal in my view. Speaking broadly, Federal law allows companies to set general policies for the safe operation of the company. These general policies can include a vaccination or masking requirement. As long as these general... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: If if I've had a forgery conviction in 2008 does that disqualify me from being a CNA

If I have a forgery offense in 2008 does that disqualify me from becoming a certified nursing assistant

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

There is no law or rule that would disqualify you from being hired as a CNA on this basis. However, employers can adopt policies where applicants with criminal records are rejected. Unfortunately, there is also no law or rule that prevents employers from doing this.

1 Answer | Asked in Employment Law for Arkansas on
Q: Terminated while hospitalized.

My brother is a 72 y/o male, he had a collapsed lung the last part of April this year and was of work for a week, Ihe had another collapsed lung June 11th and was in ICU for about 6 days then in a regular room 7 days and now in rehab to learn to walk again, His employer called me (I was staying... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 29, 2021

More information is needed, as this will depend on what your brother's job is and what his essential job functions are, as well as how long he is expected to remain off work while undergoing rehab. Under the Americans with Disabilities Act, disabled employees are permitted to request... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: My employer owes me back wages for 2020 & 2021 amounting to 43,000.00. How can I collect some or all of this
Chris W. Burks
Chris W. Burks answered on Jun 14, 2021

Thank you and both federal and state law protect employees who are owed wages. Arkansas contract law provides protections for employees who may be owed money under an employment contract.

Also, Arkansas state law reads that if an employee is discharged, the employer is required to pay...
Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Arkansas on
Q: Got hurt at work I am a medical marijuana patient can I get fired
Chris W. Burks
Chris W. Burks answered on May 8, 2021

Thanks and you cannot be fired simply for being a medical marijuana patient if you are in a position that hasn’t been designated as safety sensitive. In other words, if the type of job you do hasn’t been listed in writing as no medical marijuana because it is safety sensitive, an employer... Read more »

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1 Answer | Asked in Employment Law for Arkansas on
Q: I've been working since November at a company and just noticed they haven't been paying me the correct overtime.

I was supposed to be hired for $35/hour. I'm an engineer on contract . They said they could give me per diem but would have to break it down to get the power diem. So they had to do $96/day per diem and $23/HR. Problem is when I worked overtime they paid me overtime at 1.5 times $23 instead of... Read more »

Chris W. Burks
Chris W. Burks answered on Apr 20, 2021

Thanks and yes you should speak to an employment law attorney. If you have a contract to work for $35 an hour the state law could be breached. Or, if the per diem is structured a certain way, it could mean that the company should not have paid you the lower amount of overtime. Speaking to an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Hi. I believe I was blacklisted by my job. I have records. I haven’t worked since so I have no funds for a lawyer.

Blacklisted 7/2019

Denied unemployment based on them

Jobs quit scheduling me for interviews

Haven’t found ANY work since.

Chris W. Burks
Chris W. Burks answered on Mar 10, 2021

Thanks and an attorney would need to know more about what a former employer said and/or wrote about you, and what evidence you have of that. Arkansas law may be able to help, depending on the facts. You can contact an employment law attorney to learn more

1 Answer | Asked in Employment Law for Arkansas on
Q: If a city employee gets drug tested and fails the city says they will get him help can the employee be fired without.

The city getting him help

Chris W. Burks
Chris W. Burks answered on Mar 9, 2021

Thanks and it depends. Attorneys would need to know a few more facts.

In Arkansas, cities can create contracts for employment that provide employees with certain benefits or due process as a term of their employment. If the city breaches these terms, then the employee may have a claim...
Read more »

1 Answer | Asked in Employment Law and Mergers & Acquisitions for Arkansas on
Q: Is it illegal for a company to disclosing additional information about someone to another company weeks

Being blacklisted?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: Can an employer change how you get paid without consulting you 1st? what can I do if they don't pay holiday or overtime?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally speaking, your employer is not required to consult you or give you advance notice before changing your pay structure. However, if you are paid by the hour, you must receive overtime pay for hours worked over 40 in a seven-day workweek.

1 Answer | Asked in Employment Law for Arkansas on
Q: I live in Arkansas and am a exempt salary employee but work 84 hours a week is this legal?

When I work 84 hours I make less than minimum wage for a 168 hour pay check im getting $1200 but being exempt does this mean that my company is not required to pay me more or give me any compensation when I work through holidays?

Paul Gerard Pfeifer
Paul Gerard Pfeifer answered on Dec 7, 2020

Being an exempt employee is a narrow classification under the FLSA. I would recommend you speak to an employment lawyer to discuss your rights under the FLSA. You can contact our office at https://www.pfeiferlawfirm.net/ to discuss this issue further. Thanks

1 Answer | Asked in Employment Law for Arkansas on
Q: Is it unlawful for a company that utilizes DOT certified box trucks to make non - DOT certified employee operate them?

Employer having installation crew work double shifts, making them drive 4 hours back home expecting them back at work 4 hours later to travel again and work a double shift. One of the employees inadvertently put unleaded gas in diesel truck. He since left the company but they reversed his paycheck... Read more »

Chris W. Burks
Chris W. Burks answered on Aug 17, 2020

Thanks and it sounds like there are several legal issues here. There might be minimum wage and/or overtime violations based on 'reversing' his paycheck. He and others could be owed money. There also might be issues to take up with the DOT. Please contact a labor/employment lawyer

1 Answer | Asked in Employment Law for Arkansas on
Q: There is a statement on my job duties/contract that shows I would have to be available 24/7, is this legal?

.

Chris W. Burks
Chris W. Burks answered on May 11, 2020

Thanks and if you are paid hourly, it is very possible that the District is not paying you lawfully. Especially if you are not paid for those hours outside of 8-4. Please give an employment law attorney a call to discuss

2 Answers | Asked in Employment Law, Personal Injury and Construction Law for Arkansas on
Q: Can I sue a nuclear plant

A&O in Arkansas is having workers traveling for all states do unnecessary work even though some workers have been diagnosed with covid-19

Tim Akpinar
Tim Akpinar answered on Apr 9, 2020

The most reliable way of the workers figuring out their rights here would be to consult with an employment attorney in confidence based on their roles - essential employee, contractor, etc. You post under Personal Injury and ask about suing, but it isn't a personal injury type of setting. Many... Read more »

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1 Answer | Asked in Employment Law and Securities Law for Arkansas on
Q: is it a violation on HIPAA to comment on a Facebook and mention that a co-worker of mine who may be sick

I included our. place of work but no details about the individual. It was unknowingly because I am not aware of HIPAA laws. I was also fired for this. I am now afraid legal action will be taken

Jarred Kibbey
Jarred Kibbey answered on Mar 30, 2020

I would need more information to determine if it was a HIPAA violation. Specifically, what kind of work were you engaged in? Also, there is no private right of action in HIPAA, so even if you violated HIPAA laws, your employer or former co-worker could not use HIPAA as a basis for legal action.... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: After a company wide pay cut, can the company pay out previously accrued leave at the current, reduced rate of pay?

The nonprofit I work for issued 25% pay cuts to all employees due to financial distress. They plan on paying out previously accrued leave at the new, reduced rate of pay even though the leave was accrued prior to the pay cut at a higher rate.

Chris W. Burks
Chris W. Burks answered on Feb 14, 2020

Thanks and it depends on the wording in the employee handbook or policy setting forth the leave. If the policy guarantees leave at a set rate and operates as a contract, then you may have a claim. Happy to speak anytime on this 501-891-6000.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Does IVF coverage have to be offered via health insurance from an employer in Arkansas?
Jarred Kibbey
Jarred Kibbey answered on Feb 11, 2020

Like most situations, there isn't a simple "yes" or "no" answer. The Arkansas infertility mandate requires that insurance plans in Arkansas cover IVF up to a set lifetime amount. However, many HMO and self-insured plans are exempt from this requirement.

2 Answers | Asked in Employment Law for Arkansas on
Q: Is it legal for employer to take tips as a punishment for minimum wage employee?

We keep tips and divide out every other week between pay periods and employer is taking tips because of item deletions and using them to buy espresso shots for company contest.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 22, 2020

Under the Fair Labor Standards Act, employers are permitted to use a tip pooling system, where tipped employees "pool" the total amount of tips received. Employers may require employees to pool their tips together and redistribute the funds according to a pre-established formula, but the... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Can you sue an employer if you think you were terminated as retaliation for reporting racial & discrimantory acts?

I was the only AA at my job in corporate banking. I suspected that I was being discriminated against. For example, there were certain restrictions placed on what I could do but, after asking several non AA coowrkers who started the same day as me who stated they didn't have any restrictions... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 8, 2020

You may be able to bring a claim for retaliation based on complaints of race discrimination under Title VII of the Civil Rights Act of 1964. To prove this claim, you must be able to establish that (1) you engaged in a protected activity; (2) you suffered an adverse employment action; and (3) there... Read more »

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... Read more »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.

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