Labor & Employment News

Medical Marijuana FAQ


By H. Wayne Young

As dispensaries open their doors across the state, Arkansas employers should have a policy in place for how to deal with medical marijuana in the workplace. One of the questions we have been asked most frequently is what positions qualify as “safety sensitive” under the language of Arkansas’ medical marijuana Amendment (Ark. Const. Amend. XCVIII). While the interpretation of the medical marijuana Amendment has yet to be tested in court, this article addresses our opinion on what positions qualify as “safety sensitive.”

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NLRB Makes it Easier for Employers to Withdraw Union Recognition


By Allison Pearson

The National Labor Relations Board (NLRB) recently issued an opinion making it easier for employers to withdraw recognition of a union. The NLRB issued its opinion in Johnson Controls, NLRB, 10-CA-151843, on July 3, 2019, upholding the employer’s anticipatory withdrawal of recognition of a union that represented 160 of its workers. 

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Legislative Wrap-Up - What You Need to Know


In the legal world, summer signals the end of several important seasons. The U.S. Supreme Court ends its spring term in June by issuing opinions before it breaks for summer vacation. The Arkansas Legislature wrapped up its 92nd General Assembly on April 24, 2019, and most statutes passed during session go into effect on today (Wednesday, July 24, 2019.) Keep reading for our Supreme Court and legislative updates which highlight the major opinions and legislative updates affecting employment law.

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Attorneys Honored by Pulaski County Bar


Attorneys Michael S. Moore and Allison C. Pearson, both in the labor and employment practice group at Friday, Eldredge & Clark, were honored last night at the Pulaski County Bar Association’s (PCBA) Annual Meeting and Awards Dinner.

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EEO-1 Reports: What You Could Be Doing Wrong and How to Fix It


By Michael S. Moore

As a result of a recent court opinion, the U.S. Equal Employment Opportunity Commission (EEOC) is enforcing the requirement that employers with 100 or more employees (or more than 50 employees if a federal contractor) file detailed data on wages and hours worked. 

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


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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Chambers USA Releases 2019 Rankings


Friday, Eldredge & Clark, LLP is pleased to announce that 26 attorneys are recognized as “Leaders in Their Field” in eight practice areas in the 2019 Chambers USA: America’s Leading Lawyers for Business.

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


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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DOL’s Proposed Rule Addresses Overtime Pay


By Katherine C. Campbell

On March 28, 2019, the Department of Labor (DOL) issued its second proposed rule change to overtime pay in less than three weeks. This proposed change relates to the definition of the regular rate of pay under the Fair Labor Standards Act (FLSA), which affects how overtime is calculated. In particular, the proposed change focuses on the types of compensation and benefits that employers must include in the overtime calculation.

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Arkansas Legislature Approves Changes to Wage Statutes


By Michael S. Moore

On April 5, 2019, the Arkansas Senate voted to give final approval to HB1751.  This bill awaits signature of the Governor, but that signature is expected to occur any day.

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DOL Proposes New Overtime Rules that Cover More Workers


On Thursday, March 7, 2019, the Department of Labor (DOL) released a Notice of Proposed Rule Making (NPRM) that, if implemented, will impact which workers are covered by the overtime provisions of the Fair Labor Standards Act. Here is what you need to know:

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New Overtime Rules Expected


By Michael S. Moore

Next month promises the beginning of substantial changes in overtime compliance. The United States Department of Labor has stated that it will propose a new salary threshold for white-collar exemptions. Most experts expect those proposals sometime in March.

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


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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Supreme Court Rules that Question of Arbitrability is for the Courts


New Prime, Inc. v. Oliveira, 139 S. Ct. 532 (2019)

By H. Wayne Young

The plaintiff was a driver for New Prime, Inc., an interstate trucking company, and he sued New Prime for minimum wage violations under the Fair Labor Standards Act (FLSA). New Prime classified the plaintiff as an independent contractor. The plaintiff had signed an extensive arbitration agreement that included, in relevant part, a delegation clause that delegated authority to decide threshold questions of arbitrability to the arbitrator, and a severability clause.

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Changes to Service of Process Ark Rule Effective Jan. 1


Arkansas Rule of Civil Procedure 4 governs service of the summons and complaint necessary to begin any law suit. The Arkansas Supreme Court approved significant amendments to Rule 4 that go into effect on January 1, 2019. 

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New Minimum Wage Law - Top 5 Things To Do


Arkansas voters approved a state minimum wage increase that will raise the minimum wage to $11.00 in increments over the next three years.

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DOL Issues New Guidance on Tip Credits


The U.S. Department of Labor issued new guidance regarding when employers may take a tip credit for jobs that involve both tip-generating and non-tip-generating duties. 

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EEOC Invites Attorney Daniel Herrington to National Conference


Attorney Daniel Herrington was an invited panelist at the U.S. Equal Employment Opportunity Commission’s Excel Training Conference that took place earlier this week in Washington, DC.

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The Joint Commission Provides Recommendations to Prevent Workplace Violence


By Ellen Owens Smith

According to the Occupational Safety and Health Administration (OSHA), healthcare workers are four times more likely to be a victim of workplace violence with nearly 75 percent of all reported workplace assaults occurring in the healthcare and social service settings. Under the OSHA’s General Duty Clause, healthcare organizations have an obligation to provide employees with a work environment that is “free from recognized hazards that are causing or are likely to cause death or serious harm.” This language has been generally interpreted to include providing a workplace that is free from violence.

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Top 5 Most Recent (and Relevant) Medical Marijuana Developments


By Wayne Young

The November 2016 election is now about a year and a half in the past. In that election, Arkansas voters approved Amendment 98 to the Arkansas Constitution that permitted use of medical marijuana in certain instances. We still do not have the drug legally available for purchase by qualified patients and designated caregivers, however. In the meantime, there have been some developments that employers should keep in mind as we get closer to medical marijuana being available in Arkansas. 

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#MeToo Movement Continues to Spur Action by the EEOC


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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Employers Beware: Significant Changes to Rule Regarding Service of Process


Arkansas Rule of Civil Procedure 4 governs service of the summons and complaint necessary to begin any lawsuit. The rule specifies who can accept service and how the summons and complaint must be served. On June 21, 2018, the Arkansas Supreme Court approved significant amendments to Rule 4 that are set to go into effect on January 1, 2019.

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China Agrictech, Inc. v. Resh: Employees Have Fewer Options When Filing Class Action Suits


Class action lawsuits allow large groups of plaintiff’s to bring their claims together in a single lawsuit. In the realm of employment law, employees may bring class action suits for claims of systemic harassment, discrimination or unequal pay. While class actions are costly for employers, they offer several advantages for employees, including the fact that filing a class action tolls the statute of limitations — in other words, it pauses the clock and delays the deadline by which a person has to file a claim. 

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Supreme Court Affirms Class Action Waivers in Contracts


Monday’s Supreme Court ruling that upholds the use of class action waivers in employment arbitration agreements is good news for employers. The ruling allows employers to use clauses in employment contracts that require employees to pursue legal claims against their employer in individual arbitration rather than joining together to take legal action as a class.

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Properly Addressing Sexual Harassment Claims is Crucial Step is Addressing Overall Issue


By Mike Moore

If you have paid attention to the news recently, you know that sexual harassment has been a hot button issue.  While most of the stories you have heard involve politics, entertainment and media, those claims are starting to be seen in all industries.

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Know the Rules of Social Media Compliance in the Workplace


By Wayne Young

Below are a few key takeaways from my social media compliance seminar that was presented at the Arkansas SHRM 2018 Conference earlier this week.

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Unemployment Contributions To Be Reduced with Passage of Act 734


Great news for Arkansas employers as Act 734 of 2017 became effective January 1, 2018 enabling substantial reductions in unemployment contributions.

Friday, Eldredge & Clark Partner Mike Moore served as Chair of the Arkansas State Chamber of Commerce/AIA Unemployment Insurance/HR Committee that crafted the legislation resulting in Act 734. Mike was the primary author of the legislation.

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Wayne Young to Speak on Social Media Issues at SHRM Conference


Companies all over the state are creating policies around social media to manage issues in the workplace. Join Attorney Wayne Young on Wednesday, April 4 at 1:45 p.m. at the Arkansas SHRM 2018 HR Conference in Hot Springs. Wayne will talk about recent decisions by the National Labor Relations Board as well as federal and state legal principles that will impact workplace decisions around social media. Real world examples will be shared regarding common compliance pitfalls employers experience managing employees’ social media activity. The session will also include strategies for success handling problematic situations involving social media. 

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Ark. Supreme Court Denies JBH’s Petition to Review Adverse Decision in Covenant Not to Compete Case


On Thursday, January 25, 2018, the Arkansas Supreme Court denied J.B. Hunt Transport, Inc.’s Petition for Review of an Arkansas Court of Appeals November 8, 2017, a decision vacating and reversing a preliminary injunction entered by the Benton County Circuit Court.

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Case Report: Court Rules in Favor of Company in Discrimination Case


The U.S. Court of Appeals for the Eighth Circuit ruled in favor of Rock-Tenn Services, Inc., which does business as WestRock Services, in a discrimination case. The plaintiff alleged he was treated unfavorably because he is a man and is not Jewish. Attorneys Marshall S. Ney and Angela Artherton represented Rock-Tenn Services in the lawsuit. 

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Video Blog: How Companies Can Protect Employees and Themselves


Labor and Employment Attorney Wayne Young with Friday, Eldredge & Clark, LLP talks about the recent wave of sexual harassment claims and how companies can work toward protecting their employees and themselves in the future.

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Case Study: Tyler v. Dir., Dept. of Workforce Servs., 2017 Ark. App. 545


Sexual harassment allegations raise a number of potential legal issues for any employer. In addition to exposure to liability under Title VII of the Civil Rights Act of 1964 and the Arkansas Civil Rights Act, the Arkansas Court of Appeals recently addressed the potential impact of sexual harassment allegations on an employer’s liability for unemployment compensation claims. In Tyler v. Dir., Dept. of Workforce Servs., 2017 Ark. App. 545 (Oct. 25, 2017), the Court of Appeals analyzed whether allegations of sexual harassment were sufficient to constitute “good cause” for an employee to voluntarily leave her position.

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


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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Workplace Sexual Harassment in the Spotlight


Matt Lauer, Charlie Rose, Glenn Thrush, Harvey Weinstein, Bill Clinton, Bill Cosby, Donald Trump, Kevin Spacey, Russell Simmons, Roy Moore, and the list goes on and on. This renewed focus on sexual assault and sexual harassment is guaranteed to bring more emphasis on this hot topic in the workplace in the coming years. This national discussion makes it all the more important that employers reemphasize their commitment to a harassment-free workplace.”

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Wayne Young Talks to Arkansas Business About Sexual Harassment


With sexual harassment complaints dominating the news nationwide, it is likely to cause more lawsuits against employers. Wayne Young spoke to Arkansas Business's Mark Friedman on what companies should be doing now to prevent harassment altogether and to protect themselves against future litigation. 

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Long-Term Leave Beyond FMLA Not Required By ADA


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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Michael Moore Presents at Advanced Employee Law Seminar


Michael Moore presented three separate programs at last week's (Thursday, Oct. 24) National Business Institute's Advanced Employment Law Seminar. His first presentation, "Conducting an Effective Internal Investigation," focused on what to consider during the investigation, whether to outsource or keep the matter in-house and ways to legally remedying the problem.

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Wayne Young Talks About Legislative Advocacy Work


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Wayne Young Pens Article on White-Collar Exemptions in HR Professionals Magazine


Attorney Wayne Young wrote an article about white-collar exemptions in this month's (September) issue of HR Professionals Magazine. In the article, Wayne provides details on this HR legal hot topic and answers some of the most common questions surrounding the 2016 Final Rule changes. The status of the proposed changes to the white-collar exemptions (“2016 Final Rule”) continues to be a hot topic in the HR legal community, specifically the dramatic proposed increase in the salary threshold for those exemptions. Many are still asking about the status of those changes or what employers can expect in the future.

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The New EEO-1 Report Suspended by OIRA


Good news for employers. The new EEO-1 report, which would have been very onerous on employers, has been suspended. The Office of Information Regulatory Affairs (OIRA) decided that the new EEO-1 component 2 report is suspended indefinitely. “Component 2” was the portion of the revised EEO-1 Report which would have required employers with more than100 employees to submit W-2 pay and FLSA hours worked information.

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Arkansas Business Interviews Labor Attorney About Hate Groups & Job Protection


Wayne Young spoke to Arkansas Business's Mark Friedman about the legal ramifications of terminating an employee who participates in rallies involving hate groups. 

Excerpt from "Employment Law: Firing Employees Who Participate in Hate Group Rallies"

Arkansas Business: Do protesters who appear in photographs and are tied to white nationalist groups have job protections? Could they be fired if their employer sees them in a photo?

Young: Arkansas is an at-will employment state, which means either the employer or the employee can end the employment relationship for any reason so long as the reason is not illegal. It would generally not be illegal to discharge someone because of off duty conduct the employer found objectionable.

There are exceptions, however. One exception would be a discharge for off duty conduct that is legally protected. An example might be where an employer fired an employee for attending a religious observance on his day off because religion is a legally protected category under discrimination laws.

Read full story here

Wayne is a partner in the firm and a member of the Labor and Employment Law Practice Group. He was named the 2017 Russell Gunter Legislative Advocacy Award Recipient by the Arkansas SHRM. The award recognizes outstanding contributions of time and effort in local, state or federal legislative advocacy on behalf of the Human Resources profession. 

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Marshall Ney Makes Rounds on Speaking Circuit


Marshall Ney has been making the rounds on the speaking circuit recently in Northwest Arkansas discussing education law, special education law and related matters.  

He spoke to the Harding University Master of Education in Educational Leadership class about the role of the judicial system in K-12 schools, the impact of the Individuals with Disabilities Education Act (IDEA), other special education legal updates and practical tips for legal compliance, which is always a hot topic for educators. 

Marshall then presented to building level special education designees in a local school district on IDEA compliance and practical guidance. 

Earlier this month (August) he spoke to another  local school district about ADA compliance and OCR enforcement actions and followed up that speech with a presentation a few days later to an education service cooperative, where his training was focused on the Family Educational Rights and Privacy Act, FOIA, social media best practices and IDEA updates. 

Marshall serves as litigation counsel to businesses, insurance companies, school districts and individuals in most types of complex and commercial disputes, employment claims and insurance coverage issues.  His litigation experience is extensive and includes class action litigation, noncompetition agreements, trade secrets, corporate dissolutions, discrimination suits, business contracts, bankruptcy discharge challenges, insurance contracts, bad faith claims, education law and special education law. 

Marshall has more than 25 years of litigation experience and serves as counsel for multiple school districts across the state, including two of the state's largest districts. He has also served as Associate General Counsel for a Fortune 10 company with responsibility for commercial, employment and personal injury litigation. 

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Trump DOJ Reverses Course on Labor Issues


Wednesday (July 26, 2017) the Trump Department of Justice filed an amicus brief with the United States Supreme Court, taking the position that Title VII of the Civil Rights Act of 1964 does not offer protection based on an employee’s sexual orientation. In a case now before the United States Supreme Court, NLRB v. Murphy Oil USA, Inc., the Trump DOJ has filed a brief with the court reversing its support of the NLRB, and arguing that such arbitration agreements do not violate employees’ rights under the National Labor Relations Act.

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White Collar Overtime Exemptions & What Employers Need to Know


The status and ultimate fate of the Department of Labor’s proposed new rules on the white-collar overtime exemptions has been the source of much discussion. Recent events have shed some light on what employers might expect going forward.  

First, in an appeal brief filed earlier this month, the Department of Justice has abandoned its defense of the amount of the increased salary thresholds in its appeal of the November 2016 decision which enjoined the effectiveness of the new rule. 

The DOJ did continue its appeal, however, in order to preserve the DOL’s right to set a salary threshold in the first place.  

Second, in June 2017 the DOL transmitted a Request for Information (RFI) to the White House’s Office of Management and Budget (OMB) for review. Once approved by OMB, the RFI will officially open the floor for public comments on several issues related to rules for the white-collar exemptions. This is a signal the current DOL is contemplating drafting a new rule. 

Finally, during his confirmation hearings new Secretary of Labor Alex Acosta suggested the threshold salary for the white collar exemptions be raised to a range around $33,000 per year. This is, of course, significantly less than the threshold proposed in the 2016 rule.  

What this means for employers: 

These actions, taken as a whole, mean the drastic change in the proposed rule from 2016 will likely never come to fruition. However, the DOL will likely propose new changes that will still increase the salary threshold but by a significantly lower amount than that originally proposed. 

For more information or if you have further questions about labor and employment law, please contact one of our attorneys. Click here for more about this practice group and a list of attorneys. 

This news alert is created by the attorneys in Labor & Employment Practice Group at Friday, Eldredge &Clark, LLP. The information provided is not a substitute for legal advice and should be considered for general guidance only. Please contact one of our attorneys for specific legal advice regarding this matter.

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Dan Herrington Presents "52 Ways to Mess Up An I9"


Dan Herrington presented recently to two groups regarding I9 compliance and audits. He presented to the Arkansas Public Employers HR Association on Friday, July 20 and to the West Central Arkansas HR Association in Hot Springs Tuesday, July 25.  

In both sessions, participants heard "52 ways to mess up an I9" based on Dan's personal experience auditing I9 forms for clients. Dan shared how to correct technical and substantive errors to avoid or lessen significant potential penalties.

Dan is a partner in the Labor and Employment Relations Practice Group focused on representing employers in all areas of labor and employment law, including ADA, FMLA, Wage and Hour, Title VII, OSHA and NLRA. He proactively works with his management clients to help ensure their employment decisions can withstand legal scrutiny. Dan has successfully defended those decisions before state and federal agencies and courts, including the EEOC, OSHA, NLRB, DOL, Arkansas Supreme Court and U.S. Court of Appeals for Eighth Circuit. He also has extensive experience in litigating covenant not to compete and trade secret cases.

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Wayne Young Talks with Ark Business About Guns Coming Soon to Ark Offices


Attorney Wayne Young was interviewed by Arkansas Business reporter Mark Friedman concerning Act 1071 which protects the right of each citizen to carry and store a handgun in his or her vehicle where the private vehicle is permitted.

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Chambers USA Releases 2017 Rankings


Friday, Eldredge & Clark, LLP is pleased to announce that in today’s release of the 2017 Chambers USA: America’s Leading Lawyers for Business edition, the firm is ranked highly in all four categories and 24 of our attorneys are recognized as “Leaders in Their Field” in eight practice areas. The four categories are Corporate/Commercial, Labor and Employment, Litigation: General Commercial and Real Estate.

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Labor and Employment Seminar Features FEC Attorneys


The National Business Institute hosted the two-day seminar "Human Resource Law From A to Z" that began on Tuesday, May 22nd with speakers David M. Graf, Daniel L. Herrington and Khayyam M. Eddings from Friday, Eldredge & Clark. The attorneys spoke on several issues related to employee benefits, recruiting and hiring, employee handbooks, unemployment costs, FMLA and other leave issues.

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Firm Welcomes New Attorneys


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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News Alert: Are Your Company’s Job Descriptions Accurate?


Job descriptions are a must, but more importantly, job descriptions must remain up-to-date and accurate. An adequate job description should include: The essential functions of the job Necessary qualifications Specific productivity targets Other goals Comprehensive and accurate information

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2017 Arkansas Legislative Update


In the 91st General Assembly of the Arkansas State Legislature, the following acts have been passed that relate to labor and employment issues:

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Five Things You Need to Know About Act 593


How will the amendment to the Medical Marijuana Amendment affect employers? In the recently concluded General Assembly, the legislature passed Act 593 to amend the Arkansas Medical Marijuana Amendment. The purpose of the Act was to provide clarification to several terms and concepts left undefined in the Amendment itself related to the employment context.

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ARSHRM Presented Legislative Advocacy Award to Wayne Young


The Arkansas SHRM State Council named Attorney H. Wayne Young as the recipient of the 2017 Russell Gunter Legislative Advocacy Award. The award was given at the Annual ARSHRM Conference & Expo that took place on Thursday, April 6 in Hot Springs. The award recognizes outstanding contributions of time and effort in local, state or federal legislative advocacy on behalf of the Human Resources profession.

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Attorney Daniel Herrington Featured in High Profile


Dan Herrington has been involved with the Heart Association ever since he passed the bar exam and went to work as an employment lawyer for the Friday, Eldredge & Clark LLP firm more than 20 years ago. His initial interest stemmed from a request by his firm's leadership to organize volunteers from within the company for the annual Heart Walk and to make a good impression with the size and enthusiasm of the team.

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Attorney Speaks to WCASHRM Group about Medical Marijuana Amendment


Attorney H. Wayne Young spoke today to members of the West Central Arkansas Society for Human Resource Management group about Arkansas' medical marijuana law and how it will affect employers and the workplace. Wayne discussed the general outline of the parameters and purpose of the Amendment and on the employment ramifications. He focused on the discrimination provisions of the Amendment itself, the effect of the ADA and the impact on workers’ compensation.

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Attorney Speaks to HR Professionals About the Impact of Medical Marijuana on Employers


Labor and Employment Attorney Daniel Herrington spoke recently to members of the South Arkansas Human Resources Association about the impact medical marijuana could have on employers. He was part of the group's monthly meeting that takes place each month in El Dorado. Because many employers and human resources associations are concerned about the new law, Dan focused on some key elements that would have the most impact.

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House Bill 1460 Impacts the Arkansas Medical Marijuana Amendment


House Bill 1460 filed yesterday by Representatives Carlton Wing and Doug House impacts the provisions related to employment within the Arkansas Medical Marijuana Amendment. The bill adds some important clarifying definitions to the Amendment and provides employers with safe harbors to ensure a safe working environment for employees and the public. The bill was referred to the Committee on House Rules and awaits further action.

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Firm Monitors Bills That Could Impact Employers


Friday, Eldredge & Clark’s Labor and Employment practice group is monitoring several bills throughout the 91st General Assembly of the Arkansas State Legislature that could impact Arkansas employers if passed. Attorney H. Wayne Young provides a brief overview of House Bill 1126, House Bill 1021, Senate Bill 37 and Senate Bill 33.

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Attorneys Featured in January Issue of HR Professionals Magazine


In this month's issue of HR Professionals Magazine, employment law attorneys who were chosen as top attorneys by Best Lawyers and U.S. News were featured.

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Medical Marijuana Amendment Will Cause Changes For Employers


Wayne Young participated in a panel discussion regarding Arkansas medical marijuana law at last week's Central Arkansas Human Resources Association's monthly meeting. Medical marijuana laws are creating a "hotbox" of legal issues for employers, according to CAHRA. The new amendment will have widespread implications in the workplace from the interaction with Americans with Disabilities Act to drug testing regulations to worker's compensation law.

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Special Education Student Discipline Subject of Attorney Presentation


Khayyam M. Eddings, a partner in the Labor and Employment Litigation Practice Group, recently presented at a National Business Institute seminar focused on Student Discipline in Schools. Khay represents school districts throughout the state of Arkansas with respect to constitutional law matters, claims under the Arkansas Teacher Fair Dismissal Act, the Arkansas Public School Fair Hearing Act, issues involving Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).

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Federal Court Blocks Overtime Expansion


A federal court in Texas issued a preliminary injunction yesterday blocking, on a nationwide basis, enforcement of the Department of Labor's new overtime regulations raising the minimum salary threshold for the white-collar exemptions. The regulations were set to go into effect December 1, 2016. This alert explains what the ruling means to local businesses.

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Mid-South Super Lawyers Name 34 Attorneys to Annual List


Mid-South Super Lawyers named 34 Friday, Eldredge & Clark’s attorneys to their annual listing of top lawyers. In addition, Laura Hensley Smith was named one of the “Top 5o: 2016 Women in the Mid-South” and Donald H. Bacon, Kevin A. Crass, William M. Griffin III, James M. Simpson, Jr., Frederick S. Ursery and William A. Waddell, were named “Top 50: 2016 Arkansas.”

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Firm Tops List of U.S. News and Best Lawyers "Best Law Firms" in State


Friday, Eldredge & Clark, LLP has been ranked in the 2017 U.S. News - Best Lawyers® "Best Law Firms" list regionally in 41 practice areas, which is the most of any other law firm in the state. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

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Firm & Lawyers Featured in HR Professional Magazine's October Issue


Check out the latest issue of HR Professional Magazine and its special feature "Top Attorneys in Labor and Employment Law." See Friday, Eldredge & Clark's feature and ad on pages 46 & 47. Click here to view the digital edition. 

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Attorney speaks at ARSHRM conference


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Eleven Friday, Eldredge & Clark Attorneys Named as “Lawyers of the Year” in The Best Lawyers in America© 2017


Best Lawyers has named eleven attorneys at Friday, Eldredge & Clark as Lawyers of the Year. 

Those honored and the areas for which they are recognized are:

Michelle Ator – Medical Malpractice Law – Defendants
Robert B. Beach, Jr. – Public Finance Law
James C. Clark – Real Estate Law
Allison J. Cornwell – Litigation – Trusts and Estates
Kevin A. Crass – Litigation – Securities
Khayyam M. Eddings – Education Law; Employment Law - Individuals
Price C. Gardner – Corporate Law
Harry A. Light – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Sarah Cotton Patterson – Non-Profit / Charities Law
J. Shepherd Russell, III – Municipal Law
James M. Simpson – First Amendment Law

Because only a single lawyer in each area of law in each community is being honored as the Lawyer of the Year, this award is a high honor. Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The lawyers being honored as Lawyers of the Year have received particularly high ratings in the surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

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52 Friday, Eldredge & Clark, LLP Attorneys Named to The Best Lawyers in America© 2017


Friday, Eldredge & Clark, LLP is pleased to announce that 52 lawyers have been named to The Best Lawyers in America© 2017, the oldest and one of the most respected peer-review publications in the legal profession. Best Lawyers has published their list for over three decades. The lawyers on the list are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. Following is a listing, by practice area, of the lawyers named to the list for 2017, along with their location:



Lawyer Name

Little Rock

Appellate Practice Robert S. Shafer
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Harry A. Light
Bet-the-Company Litigation Kevin A. Crass
Bet-the-Company Litigation William Mell Griffin III
Bet-the-Company Litigation Christopher J. Heller
Bet-the-Company Litigation Elizabeth Robben Murray
Bet-the-Company Litigation James M. Simpson
Bet-the-Company Litigation William A. Waddell, Jr.
Commercial Litigation Kevin A. Crass
Commercial Litigation William Mell Griffin III
Commercial Litigation Christopher J. Heller
Commercial Litigation Elizabeth Robben Murray
Commercial Litigation William A. Waddell, Jr.
Commercial Litigation David D. Wilson
Corporate Law Paul B. Benham III
Corporate Law Walter M. Ebel III
Corporate Law Price C. Gardner
Education Law Khayyam M. Eddings
Education Law Christopher J. Heller
Education Law Ellen Owens Smith
Employee Benefits (ERISA) Law David M. Graf
Employee Benefits (ERISA) Law Joseph B. Hurst, Jr.
Employee Benefits (ERISA) Law Alexandra A. Ifrah
Employee Benefits (ERISA) Law A. Wyckliff Nisbet, Jr.
Employment Law - Individuals Khayyam M. Eddings
Employment Law - Individuals Elizabeth Robben Murray
Employment Law - Management Oscar E. Davis, Jr.
Employment Law - Management Khayyam M. Eddings
Employment Law - Management Christopher J. Heller
Employment Law - Management Daniel L. Herrington
Employment Law - Management Michael S. Moore
Employment Law - Management Elizabeth Robben Murray
Employment Law - Management Frederick S. Ursery
Employment Law - Management H. Wayne Young
First Amendment Law James M. Simpson
Franchise Law William A. Waddell, Jr.
Health Care Law Bruce B. Tidwell
Insurance Law James C. Baker, Jr.
Labor Law - Management Oscar E. Davis, Jr.
Labor Law - Management Daniel L. Herrington
Labor Law - Management Michael S. Moore
Legal Malpractice Law - Defendants Donald H. Bacon
Litigation - Antitrust James M. Simpson
Litigation - Banking and Finance William A. Waddell, Jr.
Litigation - Bankruptcy Harry A. Light
Litigation - Labor and Employment Christopher J. Heller
Litigation - Labor and Employment Daniel L. Herrington
Litigation - Labor and Employment Michael S. Moore
Litigation - Labor and Employment Elizabeth Robben Murray
Litigation - Labor and Employment Frederick S. Ursery
Litigation - Labor and Employment H. Wayne Young
Litigation - Securities Kevin A. Crass
Litigation - Trusts and Estates Allison J. Cornwell
Litigation - Trusts and Estates Sarah Cotton Patterson
Litigation and Controversy - Tax Price C. Gardner
Media Law James M. Simpson
Medical Malpractice Law - Defendants Michelle Ator
Medical Malpractice Law - Defendants Donald H. Bacon
Medical Malpractice Law - Defendants Bradley S. Runyon
Medical Malpractice Law - Defendants Laura Hensley Smith
Medical Malpractice Law - Defendants J. Adam Wells
Mergers and Acquisitions Law Paul B. Benham III
Mergers and Acquisitions Law Walter M. Ebel III
Municipal Law J. Shepherd Russell III
Non-Profit / Charities Law Byron M. Eiseman, Jr.
Non-Profit / Charities Law Sarah Cotton Patterson
Non-Profit / Charities Law K. Coleman Westbrook, Jr.
Personal Injury Litigation - Defendants Michelle Ator
Personal Injury Litigation - Defendants Donald H. Bacon
Personal Injury Litigation - Defendants James C. Baker, Jr.
Personal Injury Litigation - Defendants Kevin A. Crass
Personal Injury Litigation - Defendants William Mell Griffin III
Personal Injury Litigation - Defendants Joseph P. McKay
Personal Injury Litigation - Defendants James M. Simpson
Personal Injury Litigation - Defendants Laura Hensley Smith
Personal Injury Litigation - Defendants Guy Alton Wade
Personal Injury Litigation - Defendants David D. Wilson
Personal Injury Litigation - Defendants Frederick S. Ursery
Personal Injury Litigation - Plaintiffs Frederick S. Ursery
Project Finance Law J. Shepherd Russell III
Public Finance Law Robert B. Beach, Jr.
Public Finance Law Ryan Bowman
Public Finance Law Thomas P. Leggett
Public Finance Law J. Shepherd Russell III
Railroad Law Joseph P. McKay
Railroad Law Scott H. Tucker
Railroad Law Frederick S. Ursery
Real Estate Law James C. Clark
Real Estate Law Price C. Gardner
Real Estate Law James M. Saxton
Real Estate Law Jay T. Taylor
Securities / Capital Markets Law Paul B. Benham III
Securities / Capital Markets Law Walter M. Ebel III
Securities / Capital Markets Law Robert T. Smith
Securities Regulation Paul B. Benham III
Securitization and Structured Finance Law J. Shepherd Russell III
Tax Law J. Lee Brown
Tax Law Bryan W. Duke
Tax Law Walter M. Ebel III
Tax Law Byron M. Eiseman, Jr.
Tax Law Price C. Gardner
Tax Law Robert T. Smith
Trade Secrets Law Elizabeth Robben Murray
Trusts and Estates W. Thomas Baxter
Trusts and Estates J. Lee Brown
Trusts and Estates Allison J. Cornwell
Trusts and Estates Byron M. Eiseman, Jr.
Trusts and Estates Sarah Cotton Patterson
Trusts and Estates K. Coleman Westbrook, Jr.
Workers' Compensation Law - Employers Guy Alton Wade


Appellate Practice R. Christopher Lawson
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Jason N. Bramlett
Bet-the-Company Litigation Clifford W. Plunkett
Commercial Litigation Clifford W. Plunkett
Personal Injury Litigation - Defendants Clifford W. Plunkett


Commercial Litigation Marshall S. Ney
Litigation - Banking and Finance Marshall S. Ney
Litigation - Bankruptcy Marshall S. Ney
Litigation - Intellectual Property Marshall S. Ney
Litigation - Labor and Employment Marshall S. Ney

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Friday, Eldredge & Clark, LLP Attorneys Listed in Chambers USA America’s Leading Lawyers for Business 2016 Edition


Friday, Eldredge & Clark, LLP is pleased to announce that Chambers and Partners, Legal Publishers, recently released its Chambers USA 2016 edition, an annual listing of America’s Leading Lawyers for Business. Friday, Eldredge & Clark was highly ranked in all four categories in which rankings are published – Corporate/Commercial, Labor & Employment, Litigation, and Real Estate. Twenty-four individual lawyers in the firm were recognized in eight categories, with several lawyers listed in more than one category.

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Employment Law Alert


U.S. Department of Labor Release New Overtime White Collar Exemption Requirements

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Friday, Eldredge & Clark Attorneys, Practice Groups Ranked in 2015 Chambers USA


Friday, Eldredge & Clark LLP is ranked in four practice groups in the 2015 edition of Chambers USA: A Guide To Americas Leading Lawyers for Business. In addition, 23 of the firms attorneys received individual rankings in the publication. Friday, Eldredge & Clarks rankings page, including client commentary about individuals ...

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