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Arkansas Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Arkansas on
Q: Employment lay off after paid relocation a month earlier

I am curious if there is any recourse for uprooting my life then being laid off due to restructuring. I was rushed to move and employed for a month before being laid off. I was offered two months severance and didn’t sign as it doesn’t cover my expenses or having to relocate again. Per... View More

Chris W. Burks
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Chris W. Burks
answered on Mar 17, 2022

There might be some recourse for you, depending on the language of the relocation contract. You will want to consult an employment law attorney to review your contract

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1 Answer | Asked in Employment Law for Arkansas on
Q: I was getting my paid check and noticed I was paid for 1 hr I worked 5 hrs I know I did even my mom knew is it legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 12, 2022

You must be paid for all hours you worked, so you should bring this up to your employer and explain the discrepancy. Moving forward, you should independently track the hours you work so you have your own record of your start and end times.

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: I got paid only 1 hr when I know I worked 5 I was suppose to get 50 dollars

I talked to my mon she agrees and a customer even said I was here a while

Chris W. Burks
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Chris W. Burks
answered on Jan 10, 2022

Thanks and you could have a potential minimum wage violation, depending on the particular situation you are in. You should speak to an attorney or the Department of Labor

1 Answer | Asked in Employment Law for Arkansas on
Q: Im a salaried manager in Arkansas I got sick and missed work with no PTO They are trying to cut my pay. Is this legal?
Chris W. Burks
PREMIUM
Chris W. Burks
answered on Dec 20, 2021

Thanks and if an employer has a bona fide paid-leave plan in place (paid sick leave, short-term disability, etc.) and an employee is not yet eligible to participate in the plan or has exhausted his or her leave, a full-day deduction from pay is allowed.

Partial-day deductions are not...
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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Arkansas on
Q: Please refer to experienced employment lawyer for litigation. (Private suit and whistleblower).

Fudiciary knowledge and compliance in nonprofits a must

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2021

An Arkansas attorney could advise best, but your post remains open for three weeks. Those might be a lot of areas of practice to roll into one attorney - the areas you outline in the description, coupled with the categories selected for your post.

One option might be to start with one or...
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2 Answers | Asked in Employment Law for Arkansas on
Q: My job is not allowing me to clock in and work but not paying me, due to a problem I can't resolve. How do I get paid?

My company is based in Colorado and I live in Arkansas (work from home). On August 1st I noticed I was unable to login to one of the sites we use for the job. I immediately notified them and was given the login of someone who is above the team leads. Then I was given the login of my team lead later... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 29, 2021

Employees must be paid for their work, and your employer's system issues do not give them an excuse not to pay you while the system is fixed. If you are still performing work during this time, you should keep track of the hours you work and submit these for payment like you would using the... View More

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1 Answer | Asked in Employment Law for Arkansas on
Q: Is it legal for an employer to work you 7 days a week
Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 27, 2021

In Arkansas generally, yes you can be made to work 7 days a week, as long as the employer pays lawful overtime for hours over 40 in that pay period. In Arkansas, there are no mandatory days off or even required meal/rest break periods. Also, there are exceptions to the overtime after 40 hours... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I have an enhanced CHCL, Employer is a city, threatened to fire me if i have my firearm in a locked safe out if view

City of North Little Rock AR.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

Under Arkansas statutes §5-73-306. Prohibited places. (7) you are prohibited from carrying the firearm anywhere a government body meets. Your "enhanced" permit allows carry in places previously prohibited, however, Ark. Code Ann. § 5-73-306(18) allows the property owners/controllers to... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: My job refuses to listen to me and properly accommodate me for my disability. They want to move me to a lower paying.

They want to move me to a lower paying job instead of giveing me the tools to do my job. What are my legal rights?

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 22, 2021

Thanks and you should speak with an employment law attorney. They can likely tell you if the accommodation you seek is reasonable, and if your situation is covered by the law.

The law that likely applies is the Americans with Disabilities Act, called the ADA, protects against disability...
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3 Answers | Asked in Employment Law for Arkansas on
Q: My job makes us clock in and go to the floor to work 15 minutes early but no pay is issued for the time. Is that legal

I work in a factory with 12 hr shifts from 5:30 to 5:30. Employees are allowed to clock in up to 30 minutes early. My department is required to go to the floor and relieve the other shift and start working at 5:15 . In pursuant of being compensated accordingly, I refused to show up early and not... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 22, 2021

Employees must be compensated for all time they work, but employers are permitted to mandate early arrivals, late departures, or otherwise change your schedule as long as you are paid for it. In this situation, your employer is permitted to ask you to begin work at 5:15 instead of 5:30 assuming the... View More

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1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... View More

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... View More

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
PREMIUM
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... View 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... View 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... View 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
PREMIUM
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...
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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
PREMIUM
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... View 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... View More

Chris W. Burks
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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...
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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... View More

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