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Questions Answered by Chris W. Burks
1 Answer | Asked in Contracts, Employment Law and Education Law for Arkansas on
Q: Am I required to supervise students off contracted time for free.

My principal stated that all certified staff are required to come in before our contracted hours and stay afterwards to supervise students for free. She also says that if we don’t, we will be written up for insubordination and that those of us with second jobs would have to make other... Read more »

Chris W. Burks
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Chris W. Burks
answered on Sep 7, 2022

Thanks and no you are not required to work more than the time you are contracted for. Working off the clock is illegal in Arkansas.

1 Answer | Asked in Employment Law and Collections for Arkansas on
Q: As an independent contractor what can I do if a client refuses to pay

I worked for a company, empire aes, doing fiber optics for a month. I received two weeks of pay. After that they stopped responding to my attempts to contact and have not compensated me for the additional two weeks. I submitted my work through their system as required but they won't even respond.

Chris W. Burks
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Chris W. Burks
answered on Aug 31, 2022

Thanks and you can call the Arkansas Department of Labor. Tell them the facts that you wrote above. They have the power to determine if you may be owed wages if you were misclassified as a contractor.

1 Answer | Asked in Employment Law for Arkansas on
Q: Does city of north Little Rock have to pay overtime after 40 hours? Because they only offer flex or comp time no pay.
Chris W. Burks
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Chris W. Burks
answered on May 31, 2022

Thanks and it depends on your position and their exact policy. If, for example, they don't have a cap on the amount of comp. time that you can accrue (add up), and you keep accruing unlimited hours, then you are owed the pay for the hours over the cap at time-and-a-half your regular rate of... Read more »

1 Answer | Asked in Employment Discrimination for Arkansas on
Q: Is my employer allowed to force me to work 85 hours a week or be fired? I work in Arkansas
Chris W. Burks
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Chris W. Burks
answered on Mar 30, 2022

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

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... Read more »

Chris W. Burks
PREMIUM
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 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
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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...
Read more »

1 Answer | Asked in Employment Discrimination for Arkansas on
Q: I work at Titan tire Union City Tenn I took two days vacation they made me work Saturday but will not pay me overtime

I'm not the only one heaven these issues I've been there two years two months they are hiring people in that makes more than me and making me crane now

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Oct 7, 2021

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 »

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... Read more »

Chris W. Burks
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Chris W. Burks
answered on Sep 29, 2021

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 »

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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
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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... Read 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
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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...
Read more »

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... Read more »

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

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 »

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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... Read more »

Chris W. Burks
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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... Read 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... 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
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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
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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
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... 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
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...
Read more »

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
PREMIUM
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

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