Allison Pearson News

In Favor of Arbitration: Supreme Court Rules Class Arbitration Provision Must be Express

2019-05-14

By Allison C. Pearson

The U.S. Supreme Court issued its opinion in Lamps Plus, Inc. et al. v. Varela on April 24, 2019 (No. 17-988). The Lamps Plus opinion continues this court’s trend of favoring and enforcing arbitration agreements under the Federal Arbitration Act (FAA) and has potentially broad implications beneficial to employers. 

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Updates to the DOL’s Tip-Credit Guidance and a Word of Caution

2019-04-18

By Allison C. Pearson

In February 2019, the Department of Labor’s (DOL) Wage and Hour Division updated its Field Operations Handbook (FOH), which provides guidance for how the DOL interprets and applies its regulations. Specifically, the DOL revised its guidance regarding 29 C.F.R. § 531.56(e), which addresses when employers may take a tip credit for jobs that involve both tip-generating and non-tip-generating duties. The DOL previously interpreted 29 C.F.R. § 531.56(e) to mean that employers could not take a tip credit for non-tipped duties when they comprised more than 20 percent of an employee’s duties.  Courts often reached conflicting opinions on how to apply this provision, and the scope of employers’ obligations. The February 2019 revisions to the FOH sought to clarify the DOL’s interpretation of 29 C.F.R. § 531.56(e), and echoed a December 2018 opinion letter, which formally rescinded the prior interpretation of the tip-credit regulation. 

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ICE Stepping Up I-9 Audits & What Employers Need to Know

2019-02-15

By Allison Pearson

As immigration remains at the center of national attention, Immigration and Customs Enforcement (ICE) is not just stepping up its enforcement efforts at the border.

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Mid-South Super Lawyers Lists Top Attorneys of 2018

2018-11-16

Friday, Eldredge & Clark, LLP is proud to announce Mid-South Super Lawyers named 45 attorneys to their annual listing of top lawyers in Arkansas including six named as “Top 50: 2018 Arkansas Super Lawyers” and 15 ranked as “Rising Stars.”

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#MeToo Movement Continues to Spur Action by the EEOC

2018-06-27

By Allison C. Pearson

On June 14, 2018, the Equal Employment Opportunity Commission (EEOC) issued a press release stating that it had filed seven lawsuits against various employers across the country for harassment. The EEOC stated that the suits “should reinforce to employers that harassment — on all bases — is a violation of federal law.”

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Firm Partners with Access to Justice, Attorneys Volunteer Time

2018-03-15

For the fifth year, the firm has partnered with the Arkansas Access to Justice Commission and Southern Bancorp to provide pro bono will preparation services to low-income residents of El Dorado and Helena.

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Could National Trends in Sexual Harassment Agreements Affect Local Businesses & Employees?

2017-12-06

Since the New York Times published a bombshell report detailing sexual harassment by Hollywood producer and filmmaker Harvey Weinstein, the fallout has been continuous will allegations pouring out almost daily about patterns and instances of harassment by prominent entertainment and political figures.  

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Long-Term Leave Beyond FMLA Not Required By ADA

2017-10-31

News Alert: The United States Court of Appeals for the Seventh Circuit recently addressed whether the Americans with Disabilities Act (“ADA”) requires employers to provide employees with leave beyond the 12 weeks provided by the Family Medical Leave Act (“FMLA”) in Severson v. Heartland Woodcraft, Inc., 2017 U.S. App. LEXIS 18197*, 872 F.3d 476 (7th Cir. Sept. 20, 2017). In a unanimous opinion, the Seventh Circuit held that an employer was not required to provide its employee with a long-term leave of absence of two- or three-months beyond the 12 weeks already provided by the FMLA, finding that the extended period of leave was not a reasonable accommodation under the ADA. The court left open the question of whether employers may be required to provide extended leave beyond the 12 weeks provided by the FMLA for shorter periods.

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Firm Welcomes New Attorneys

2017-05-02

Friday, Eldredge & Clark, LLP welcomes three new attorneys to the firm: Kael K. Bowling; Katelyn M. Eaves and Allison C. Pearson.

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