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Arkansas Employment Law Questions & Answers
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

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: My boss listed my hire date incorrectly (by 1 day) and now I don't qualify for a 401k bonus. What can I do?

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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

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 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 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 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 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.

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... View More

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... View More

Chris W. Burks
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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 Law for Arkansas on
Q: I was getting my paid check and noticed I was paid for 1 hr I worked 5 hrs I know I did even my mom knew is it legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 12, 2022

You must be paid for all hours you worked, so you should bring this up to your employer and explain the discrepancy. Moving forward, you should independently track the hours you work so you have your own record of your start and end times.

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...
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