Arkansas News & Analysis

  • Justice delayed is not denied: Expired noncompete may still be good

    In reversing a trial court's failure to issue an injunction against an employee's competition with his former employer, the Arkansas Court of Appeals ruled that the delay caused by the litigation and appeal didn't limit the employer's ability to obtain the injunction even though the one-year prohibition on competition had expired by the time the appeal was decided.

  • Don't forget the basics: No continuing medical treatment means no FMLA coverage

    The U.S. Court of Appeals for the 8th Circuit (whose rulings apply to all Arkansas employers) recently affirmed a federal district court's finding that an employee wasn't covered by the Family and Medical Leave Act (FMLA) because he failed to obtain the medical treatment required to establish that he suffered from a serious health condition.

  • Congress pins down tip-pooling requirements

    When Congress passed another spending bill in March 2018, few people were expecting it to resolve a somewhat obscure and highly technical dispute over how employers allocate tips among their workers. Nevertheless, that's exactly what the law does, and the result is much-needed clarity on the topic. Let's take a closer look at tip pools, their history, and what the new law accomplishes.

  • Leave no stoner untested: Uncertainty about drug use favors injured employee

    The Arkansas Court of Appeals recently affirmed a decision by the Arkansas Workers' Compensation Commission (WCC) that there was inadequate evidence that an employee had methamphetamines in his system when he was injured at work. A finding that the employee was impaired would have triggered the statutory presumption that his use of prohibited substances was the cause of his injury.

  • Making employee pay for damage to company car could wreck morale

    Q One of our employees was involved in an accident while he was driving a company car. Because the employee was at fault, his manager wants to make him pay for the repairs. We currently don't have a policy covering this type of situation. May we require the employee to cover the cost of the car repairs?

  • Agency Action

    DOJ sues California over immigration. U.S. Attorney General Jeff Sessions announced in March 2018 that the U.S. Department of Justice (DOJ) had filed a lawsuit against California based on the state's enactment of laws seen as creating "sanctuary" jurisdictions. The DOJ says three different state laws "intentionally obstruct and discriminate against the enforcement of federal immigration law." The department contends that the laws are preempted by federal law and "impermissibly target the Federal Government, and therefore violate the Supremacy Clause of the United States Constitution."

  • Kibbles 'n bits: No workers' comp benefits for grocery worker

    The Arkansas Court of Appeals recently affirmed a Workers' Compensation Commission (WCC) decision that a back injury an employee claimed resulted from lifting a bag of dog food wasn't compensable.

  • Too salty: Employment agency violated NLRA by not placing active union organizers

    The U.S. 8th Circuit Court of Appeals (whose decisions apply to all Arkansas employers) recently affirmed a National Labor Relations Board (NLRB) decision that an employment agency's failure to place self-disclosed union organizers violated the National Labor Relations Act (NLRA). However, it sent part of the NLRB decision—relating to the remedy for one of the organizers who attempted to compete with the employer—back to the Board for reconsideration.

  • On the road: benefits for home health aide injured driving to patient's home

    The Arkansas Court of Appeals recently affirmed a Workers' Compensation Commission (WCC) decision that an injury to a home health aide that occurred en route to a patient's home was compensable because it happened during the course of employment.

  • Be careful when deducting wages for cost of tools

    Q We provide our maintenance staff with the tools required to perform their job. When they leave the company, they sometimes don't return tools to us. Are we able to tax employees up front for the tools?