Arkansas News & Analysis

  • Amended minimum wage law, other actions affecting Arkansas workers

    The Arkansas General Assembly has adjourned. Following is an update on several employment law-related proposals affecting employers and employees.

  • Old termination can trigger new retaliation claim

    A terminated employee may still be able to sue for retaliation years later if a new adverse action occurs such as refusing to contract with the individual as a leased employee. The U.S. 8th Circuit Court of Appeals, which governs the federal courts in Arkansas, recently considered a retaliation case filed by an employee who was discharged in 2008 and then lost a contract position with the same company in 2015.

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Tips to ensure you are prepared for a deposition

    For an HR professional, giving a deposition is a lot like visiting the dentist. You know it's necessary, but you probably aren't looking forward to it. You may be asked questions you don't want to answer (like how often you actually floss). And finally, consistently responsible practices should reduce your stress levels about the event, make it go a lot smoother, and prevent worse problems in the future.

  • Legislative updates: another look at 2019 Arkansas General Assembly

    Last month, we listed some proposed employment-related legislation introduced before the 92nd Arkansas General Assembly. Without repeating last month's discussion, below are updates on the current status of those bills along with one new bill.

  • Employee may not use denial of reinstatement to challenge termination

    Employees who are fired and do not file a timely discrimination charge may try to open a back door to litigate their termination by filing a new application for a position or requesting reinstatement to get around the time bar. The U.S. Court of Appeals for the 8th Circuit (which governs the federal courts in Arkansas) recently rejected that tactic.

  • An ounce of drafting can avoid a pound of litigation

    Where you litigate can be as important as what is being litigated. Recently, the 8th Circuit reinforced that provisions in employment agreements stating where lawsuits should be heard will be enforced even when it means they cannot be filed in federal court.

  • Know the legal issues you face when employees work past 65

    According to the Bureau of Labor Statistics (BLS), about one-third of Americans between the ages of 65 and 69 are still employed. That number has been steadily rising, and it's expected to reach 36 percent over the next five years.

  • Walmart greeter fiasco provides important employment lessons

    Have you ever walked into a Walmart and been greeted by an employee—frequently disabled or elderly—who seemed to have no responsibilities other than to welcome customers to the store? Did you ever wonder what the point of the position was or why a corporation the size of Walmart would pay so many people to do it?

  • When firing an employee for misuse of company credit card, no notice period required

    Q We learned an employee had misused her company credit card, and we have decided to fire her. We initially gave her a written reprimand, but we have discovered further misuse. May we let her go immediately, or are we required to give her a two-week rundown period?