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Questions Answered by Chris W. Burks
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?

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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

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

Thanks and yes this is a very serious legal issue. The U.S. Congress, among other new bills, just amended two laws (the FMLA and FLSA) giving employees who have been diagnosed the right to time off due to COVID. So they could file a lawsuit. Please give an employment law attorney a call for more... Read more »

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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.

2 Answers | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Wrongful Termination (Arkansas)?

I have a serious injury (not work related) that has caused me to miss several days of work. I have had several ER visits for pain, Dr visits working on fixing the issue, and days where I simply could not move. That said, I understand missing excessive time is wrong. Where I don't... Read more »

Chris W. Burks
Chris W. Burks answered on Sep 15, 2019

Thanks and yes it is worth your time to call an employment law attorney. The facts you have described seem like you have a case. There are of course other facts that matter too, but an employment law attorney will be able to consult with you

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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: sole legal custody parent has not gotten glasses or eye exam for vision impair son for a year. Can the NCP get legal cus

My boyfriend's Ex-wife has sole physical and legal custody (he was unaware of what he was giving up). Their son has bad vision, he has gone over a year without an eye exam and went without glasses for a year. My boyfriend kept asking her when she was going to do it and she kept saying she was... Read more »

Chris W. Burks
Chris W. Burks answered on Apr 5, 2019

Thanks and the standard for a change in custody in Arkansas is a material change in circumstances. You could argue that the child's poor attendance and performance in school, coupled with worsening health amounts to a change in circumstances. There are many factors a Court will consider, but... Read more »

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