Can I take off from work if I or a family member gets the coronavirus?

If you or a family member have the coronavirus, there is a federal law called the Family & Medical Leave Act (FMLA)  that allows a qualified employee to take up to 12 weeks of unpaid leave within a 12-month period if they or an immediate family member requires care for a “serious health condition.” The…

Employment Law   •    Aug 14 2020

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What can I do as an unemployed restaurant worker during the coronavirus?

What can I do as an unemployed restaurant worker during the coronavirus? If you were a restaurant or service industry worker who is now unemployed, please first apply for unemployment assistance. You can do so here: https://www.ezarc.adws.arkansas.gov/ To be eligible, you must be: Unemployed, Physically and mentally able to perform suitable work, Available for suitable…

Employment Law | Pay Issues   •    Apr 1 2020

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Should I have an attorney review my small business contract?

wh Law frequently reviews vendor and sale contracts for family-owned and small businesses.  We do so to ensure that the contract is clear and to ensure that the contract actually provides protections for you. In addition, wh Law drafts contracts for employers looking to provide contracts to their employees. In doing so, wh Law draws…

Should I have an attorney review my employment contract?

WH Law frequently reviews employment contracts for managers, doctors, and other professionals to ensure the contract is clear and to ensure that the contract actually provides protections. WH Law also drafts contracts for high-level employees and for small employers looking to provide contracts to their employees. In doing so, we draw on our experience litigating…

Why restaurant workers are likely owed money

The Court system makes thousands of restaurants all over the country pay back workers money the workers are owed. The U.S. Department of Labor found that in one two-year period, over eighty percent of restaurants violated labor and employment laws. (Click here to read more about that study) If you’re a restaurant employee, we’ve found…

Employment Law | Pay Issues   •    Jun 25 2019

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Did I Get Fired Illegally?

What does age or gender discrimination mean? Laws protect against being fired for your age and gender and many other reasons. The Age Discrimination in Employment Act (ADEA) protects many employees forty years and older from discrimination in hiring, firing, and terms and conditions of employment based on age. The Equal Pay act (EPA) requires…

Employment Law | Wrongful Dismissal   •    Jun 11 2019

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Do ride-share companies owe drivers money

Under the federal labor law, when an employer-employee relationship exists, the employee must be paid at least the Federal minimum wage of $7.25 per hour and in most cases overtime at time and one-half his/her regular rate of pay for all hours worked in excess of 40 per week. The ride-share company Uber has agreed…

Employment Law | Pay Issues   •    May 8 2019

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Can caregivers or care workers be paid more?

All caregivers are owed the federal minimum wage of $7.25 an hour and an overtime payment for all hours worked over 40 in any work week, unless some very specific exemptions are met. However, many agencies or individuals are not following the law. This law firm has a lawsuit against PALCO, Inc. for back wage…

Employment Law | Pay Issues   •    May 3 2019

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Can teachers get their job back?

As a teacher, can I get my job back if they suspend or fire me? Yes.  You are protected by a strong law.  The law is called the Arkansas Teacher Fair Dismissal Act (TFDA).  This law is designed to help teachers. The TFDA says that a teacher has to receive written notice of any nonrenewal,…

Administrative Law | Employment Law   •    Mar 27 2019

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Contractor or Employee? The IRS will decide.

More and more businesses are meeting their needs by hiring independent contractors.  Business owners benefit by avoiding the administrative hassles and the out-of pocket costs of payroll taxes and fringe benefits. The trend toward independent contractors will likely continue as business owners cope with the insurance mandate of President Obama’s Patient Protection and Affordable Care…