Thanks and there could be a minimum wage or overtime violation for being forced to work that much in Arkansas. It depends on if you are getting an overtime premium payment for hours over 40 in a workweek. It also depends on your rate of pay, or if you are paid a salary
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... Read more »
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.
Thanks and the Fair Labor Standards Act requires, with some exceptions, overtime payments of time and a half a regular rate of pay for hours worked over 40 in a week. If you are working more than 40 hours in a week and not getting an overtime premium payment of time and a half, and not otherwise...Read more »
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... Read more »
Thanks and if you are continuing to do work that the company is aware of, and there is communication about that work, then you are still employed by the company and owed atleast Arkansas and Federal minimum wage. This is of course assuming the company is of the size and type that qualifies. You...Read more »
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...Read more »
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... Read more »
Thanks and if you are not paid for the 15 minutes before your shift, then you may have a minimum wage or overtime claim depending on your rate of pay and hours worked. Additionally, if you have an adverse employment action against you because you took action on your wage rights, you may also have...Read more »
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... Read more »
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...Read more »
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 »
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 »
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 »
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 »
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
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 »
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 »
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
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
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 »
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.
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.
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