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Arkansas Employment Law Questions & Answers
1 Answer | Asked in Military Law and Employment Law for Arkansas on
Q: If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?

I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

James L. Arrasmith
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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Arkansas on
Q: Can a convicted felon get a job somewhere that sells guns?

A friend of mine has applied for a job that sells weapons much like Walmart or any other southern store. He was going to be hired however one of the employees at said store knew of his prior conviction. She stated that she would not work with her due to law stating a convicted felon cannot work... View More

James L. Arrasmith
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answered on Feb 23, 2024

In general, federal law prohibits individuals who have been convicted of a felony from possessing firearms. However, when it comes to employment in establishments that sell firearms, the regulations can vary depending on state laws and the specific policies of the employer. Some states may have... View More

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Arkansas on
Q: Is it financial retaliation if my boss waited until he was informed I made reports of policy violation cover ups to ask

Accept lower paying position then he stated could step into effective immediately. The position we agreed is a $16-17 hr position at my store I know that for sure. There isn't a reason to ask me to accept this when I've been dealing with acts of favoritism, verbal sabotage of delegations,... View More

James L. Arrasmith
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answered on Feb 25, 2024

It sounds like you're facing a challenging situation at work, and it's understandable that you're feeling frustrated and concerned about your boss's actions. Financial retaliation occurs when an employer takes adverse action against an employee in response to their protected... View More

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Civil Rights for Arkansas on
Q: Where did the individuals of the 401k's go? Transamerica said all accounts closed and transfered in 2010, but no info.
James L. Arrasmith
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answered on Feb 24, 2024

If Transamerica stated that all accounts were closed and transferred in 2010 without providing further information, it's essential to take steps to gather more details about the status of your 401k accounts. Start by reaching out to Transamerica directly to request specific records or... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arkansas on
Q: Can I sue if my experience with my job overseeing a racially offensive comment and not hearing anything back from it?

1 year and 3 months ago I turned my manager in to hr for making a racially offensive comment and they said her manager took care of it but I just found out he new nothing of it. I cant stop thinking of it and when i do i just cry even now just typingAm I able to sue? Since they really didn't... View More

James L. Arrasmith
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answered on Jan 26, 2024

Based on the details provided, you may have a potential basis to pursue legal action against your employer for a racial discrimination and hostile work environment claim:

1. Your manager made an insensitive and offensive comment tying racial stereotypes to your birthday celebration plans....
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Arkansas on
Q: Are police allowed to ask my employer my name and they give it without my permission

They have harassed me for 2 years parking just outside my work area staring me down they drive slow past the door I'm just inside and outside of regularly staring at me. They have chased me into my work at a Goodwill store 3 or 4 times from anything like eating my lunch on the sidewalk outside... View More

James L. Arrasmith
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answered on Jan 6, 2024

In the United States, police generally have the authority to ask an employer for an employee's name, especially if it pertains to an investigation or a legal matter. Employers may choose to provide this information without the employee's consent. However, there are nuances depending on... View More

1 Answer | Asked in Employment Law and Civil Litigation for Arkansas on
Q: if i am calling to get documents that i didnt receive how can that be harassment communication?

i was told i failed a drug test ,i called my employer and asked for the lab report which im entitled too per Fmcsa regulation, a agent from the fmcsa even sent my employer the regulation. i was told that they sent it in oct 2021 i never got. a year later i found out the test was never sent to the... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Arkansas, harassment communication is typically defined as any communication intended to harass, annoy, or cause alarm. However, requesting documents you're entitled to, such as a lab report for a drug test, should not constitute harassment if done reasonably and in accordance with your... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: My boss listed my hire date incorrectly (by 1 day) and now I don't qualify for a 401k bonus. What can I do?

.

T. Augustus Claus
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answered on Aug 30, 2023

Discovering that your boss listed your hire date incorrectly by just one day, leading to your disqualification for a 401k bonus in Arkansas, can be frustrating. To address this issue, take proactive steps by gathering evidence that supports your accurate hire date, such as offer letters or... View More

2 Answers | Asked in Car Accidents, Libel & Slander, Contracts and Employment Law for Arkansas on
Q: I need a lawyer to respond to me now about Hurricane express there are trying to charge me for a accident and a swift

A swift driver hit me in the back

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

A New Mexico attorney could advise best, but your question remains open for three weeks. Your insurance company should defend you - it isn't clear why you're being charged. You could reach out to attorneys to try to arrange a free initial consult. If you have a copy of the police report,... View More

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1 Answer | Asked in Employment Law for Arkansas on
Q: I work for a city in Arkansas. They are requiring that comp time is taken and not pay overtime.

There are times the comp time is credited as 1 to 1 and not 1.5 as overtime is.

Chris W. Burks
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Chris W. Burks
answered on Aug 2, 2023

That is illegal under Arkansas law. Arkansas law requires comp. time be credited as 1.5. You should speak to an attorney about it. There are a few very technical exceptions to the law, but your situation doesn't seem to fall into those exceptions

1 Answer | Asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas on
Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for Arkansas on
Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?

They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW,... View More

Samuel B. Edwards
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Samuel B. Edwards
answered on Jun 29, 2023

Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: Is there anything that can be done if hired by company with offer letter and the actual job is different and more to it?

The job was for one foundation within the company, scheduling appts, messaging physicians and or staff, refill requests etc. within 3 months of being hired was trained on new program and told we were going to all become Universal agents taking calls for multiple foundations with different work... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 16, 2023

Unfortunately, offer letters are generally not considered contracts, so there is likely not much you can do to hold the company to what they originally told you on the scope of your role.

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: Hello, I was laid off about 5 months ago and my employment contract included 12 months of severance in exchange for a

release and agreeing to non-compete and non-solicitation terms, which are all straightforward. The company is struggling and is telling me they can't afford to honor the contracted severance payments any longer, which are supposed to continue for 7 more months. I'm not aware of them... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

You should contact an Arkansas employment attorney to have your separation agreement reviewed. If your employer promised to pay you a certain amount of money in your separation agreement that they are now refusing to or unable to pay, you may have a claim against your employer for breach of... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: Can an employer stop paying an hourly wage and switch u beginning next week to solely commissions.just got the news toda

My boss came in today and said starting next week I will no longer receive my hourly pay of $12 hr for 34 hrs weekly. He says starting next week Noone gets hourly nomore and will be working making commission only. He said we will get paid $100 every deal we close. Problem with that is that... View More

Chris W. Burks
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Chris W. Burks
answered on Nov 2, 2022

Thanks and in Arkansas they can change to pay you commissions so long as you still make a minimum wage. If you work as an employee for a week and don't get paid anything, that is a minimum wage violation

1 Answer | Asked in Employment Law, Real Estate Law and Business Law for Arkansas on
Q: Is there a conflict of interest for me as a "active" realtor to start a new job as assessor or appraiser for Pulaski Co?

I'm basically wondering if I'll be able to keep my license active and sell real estate part time while working as an assessor and eventually an appraiser for Pulaski County or not.

Anthony M. Avery
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answered on Oct 6, 2022

Contact your State Regulatory Agency which licenses real estate agents and ask them.

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... View 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.

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