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Arkansas Employment Law Questions & Answers
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... View More

Chris W. Burks
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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?

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Chris W. Burks
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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... View More

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1 Answer | Asked in Employment Law and Securities Law for Arkansas on
Q: is it a violation on HIPAA to comment on a Facebook and mention that a co-worker of mine who may be sick

I included our. place of work but no details about the individual. It was unknowingly because I am not aware of HIPAA laws. I was also fired for this. I am now afraid legal action will be taken

Jarred Kibbey
Jarred Kibbey
answered on Mar 30, 2020

I would need more information to determine if it was a HIPAA violation. Specifically, what kind of work were you engaged in? Also, there is no private right of action in HIPAA, so even if you violated HIPAA laws, your employer or former co-worker could not use HIPAA as a basis for legal action.... View More

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
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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.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Does IVF coverage have to be offered via health insurance from an employer in Arkansas?
Jarred Kibbey
Jarred Kibbey
answered on Feb 11, 2020

Like most situations, there isn't a simple "yes" or "no" answer. The Arkansas infertility mandate requires that insurance plans in Arkansas cover IVF up to a set lifetime amount. However, many HMO and self-insured plans are exempt from this requirement.

2 Answers | Asked in Employment Law for Arkansas on
Q: Is it legal for employer to take tips as a punishment for minimum wage employee?

We keep tips and divide out every other week between pay periods and employer is taking tips because of item deletions and using them to buy espresso shots for company contest.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 22, 2020

Under the Fair Labor Standards Act, employers are permitted to use a tip pooling system, where tipped employees "pool" the total amount of tips received. Employers may require employees to pool their tips together and redistribute the funds according to a pre-established formula, but the... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Can you sue an employer if you think you were terminated as retaliation for reporting racial & discrimantory acts?

I was the only AA at my job in corporate banking. I suspected that I was being discriminated against. For example, there were certain restrictions placed on what I could do but, after asking several non AA coowrkers who started the same day as me who stated they didn't have any restrictions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 8, 2020

You may be able to bring a claim for retaliation based on complaints of race discrimination under Title VII of the Civil Rights Act of 1964. To prove this claim, you must be able to establish that (1) you engaged in a protected activity; (2) you suffered an adverse employment action; and (3) there... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... View More

Greg Mansell
Greg Mansell
answered on Nov 6, 2019

It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.

1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Arkansas on
Q: If a Female attorney is unwilling to defend, do I not have a right to separate her from overburden.

She has sent what appears to be a recorded message, it is not her answer.

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2019

An Arkansas attorney would be in the best position to answer, if there are state-specific laws involved. But your question remains open for a week. As a general matter in any jurisdiction, you are free to separate from your attorney. At the same time, your attorney could be entitled to compensation... View More

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... View More

Paul Gerard Pfeifer
Paul Gerard Pfeifer
answered on Sep 15, 2019

You need to speak with an Arkansas employment lawyer. There are some facts that need to be learned before an answer can be provided. I would be happy to discuss your situation with you.

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1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Should I have been receiving on- call pay?

I work for a municipality in Arkansas? I was issued a city phone and was told I would be responsible for all call outs per my license. ( water/Sewer) . I have answered calls and also came back from dinners and vacations to handle utility issues. I have never been able to go out of town far away... View More

Paul Gerard Pfeifer
Paul Gerard Pfeifer
answered on Sep 4, 2019

You may want to contact an employment attorney that handles FLSA cases because you may have a claim related to this activity by your employer. We would be happy to speak with you.

1 Answer | Asked in Civil Rights, Employment Law and Small Claims for Arkansas on
Q: Is it fair that only one employee gets fired from the job and both of the employees were fighting?
Tim Akpinar
Tim Akpinar
answered on Sep 4, 2019

No, on its face, it does not seem fair. But the only opinion that really has legal significance for you here is that of an employment attorney. And your post remains open for four weeks. It's likely that based on the limited facts, it is difficult for an employment attorney to offer meaningful... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arkansas on
Q: I was hurt on an accident at work involving a bobcat workman's comp picked up I am still injured now that I am to head

Back to work they are giving the guy who injured me my position and tring to put me somewhere else I feel like it's a form of retaliation on my part

Peter N. Munsing
Peter N. Munsing
answered on Oct 18, 2018

Depending on what happened you may have a claim against the Bobcat manufacturer. As to the work issue speak with your attorney that handled your comp claim.

2 Answers | Asked in Employment Law and Immigration Law for Arkansas on
Q: question on concurrent H1-B which is working for multiple employers.

Hello, currently I have a job with employer A which is full time who holds my H1-B and Green card process. Now I have a job offer from another employer B which is remote work which i can work from a place where i have employer A. So can I file H1-B with employer B and once it is approved, can i... View More

Kevin L Dixler
Kevin L Dixler
answered on May 21, 2018

No attorney can explain in detail how the situation works. That will likely take a paid appointment. What we can state is that you cannot work full time for two employers. In addition, if employer B files an H1b for you, you will likely have to work for employer B, only. Also, if the new job is... View More

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1 Answer | Asked in Employment Law for Arkansas on
Q: Can a company I work for refuse to pay me over time work then fire me for asking ?
Brandon M Haubert
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Brandon M Haubert
answered on May 22, 2017

No. You need to consult with an attorney.

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: I am looking for the best lawyer to take on the USPS

I was under contract with USPS and my contract was not up until 2018, however I got into an argument with the postmaster and was not allowed back into post office. They continued to pay me until 10/16 then sent me a bill for $200,000. HELP

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 22, 2017

I suspect you will need to better identify the nature of the contract, as that will determine whether your matter is a "government contracts" issue, which is a very specialized area, or a more general litigation matter.

1 Answer | Asked in Business Formation, Business Law and Employment Law for Arkansas on
Q: I want to start a topless cleaning service in Little Rock Arkansas. Is this legal?

We would offer topless cleaning in home or of a car in a home garage. We would offer topless servers for parties. Also, we would offer guys in tight underwear for women who were interested in these services. No sexual acts would be condoned/approved. Their lowest extremities (vagina, penis, or an... View More

Don Spears
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Don Spears pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2016

Under Arkansas law 5-14-112 you might have a problem. The law reads as follows:

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:

(1) In a public...
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