Lawyers, Answer Questions  & Get Points Log In
Arkansas Employment Law Questions & Answers
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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 29, 2021

Employees must be paid for their work, and your employer's system issues do not give them an excuse not to pay you while the system is fixed. If you are still performing work during this time, you should keep track of the hours you work and submit these for payment like you would using the... Read more »

View More Answers

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: I have an enhanced CHCL, Employer is a city, threatened to fire me if i have my firearm in a locked safe out if view

City of North Little Rock AR.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Under Arkansas statutes §5-73-306. Prohibited places. (7) you are prohibited from carrying the firearm anywhere a government body meets. Your "enhanced" permit allows carry in places previously prohibited, however, Ark. Code Ann. § 5-73-306(18) allows the property owners/controllers to... 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...
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 »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 22, 2021

Employees must be compensated for all time they work, but employers are permitted to mandate early arrivals, late departures, or otherwise change your schedule as long as you are paid for it. In this situation, your employer is permitted to ask you to begin work at 5:15 instead of 5:30 assuming the... Read more »

View More Answers

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: If if I've had a forgery conviction in 2008 does that disqualify me from being a CNA

If I have a forgery offense in 2008 does that disqualify me from becoming a certified nursing assistant

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

There is no law or rule that would disqualify you from being hired as a CNA on this basis. However, employers can adopt policies where applicants with criminal records are rejected. Unfortunately, there is also no law or rule that prevents employers from doing this.

1 Answer | Asked in Employment Law for Arkansas on
Q: Terminated while hospitalized.

My brother is a 72 y/o male, he had a collapsed lung the last part of April this year and was of work for a week, Ihe had another collapsed lung June 11th and was in ICU for about 6 days then in a regular room 7 days and now in rehab to learn to walk again, His employer called me (I was staying... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 29, 2021

More information is needed, as this will depend on what your brother's job is and what his essential job functions are, as well as how long he is expected to remain off work while undergoing rehab. Under the Americans with Disabilities Act, disabled employees are permitted to request... 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...
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
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 »

View More Answers

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...
Read more »

1 Answer | Asked in Employment Law and Mergers & Acquisitions for Arkansas on
Q: Is it illegal for a company to disclosing additional information about someone to another company weeks

Being blacklisted?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: Can an employer change how you get paid without consulting you 1st? what can I do if they don't pay holiday or overtime?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally speaking, your employer is not required to consult you or give you advance notice before changing your pay structure. However, if you are paid by the hour, you must receive overtime pay for hours worked over 40 in a seven-day workweek.

1 Answer | Asked in Employment Law for Arkansas on
Q: I live in Arkansas and am a exempt salary employee but work 84 hours a week is this legal?

When I work 84 hours I make less than minimum wage for a 168 hour pay check im getting $1200 but being exempt does this mean that my company is not required to pay me more or give me any compensation when I work through holidays?

Paul Gerard Pfeifer
Paul Gerard Pfeifer answered on Dec 7, 2020

Being an exempt employee is a narrow classification under the FLSA. I would recommend you speak to an employment lawyer to discuss your rights under the FLSA. You can contact our office at https://www.pfeiferlawfirm.net/ to discuss this issue further. Thanks

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

Tim Akpinar
Tim Akpinar answered on Apr 9, 2020

The most reliable way of the workers figuring out their rights here would be to consult with an employment attorney in confidence based on their roles - essential employee, contractor, etc. You post under Personal Injury and ask about suing, but it isn't a personal injury type of setting. Many... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.