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Questions Answered by Chris W. Burks
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
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
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
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
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... Read more »

Chris W. Burks
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
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
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
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
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...
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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

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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