ARKANSAS EMPLOYMENT LAW
Employment Law (referred to also as Labor Law) encompasses matters involved in the relationship between an employer and his employees. Such matters include discrimination at the workplace, wages and hours, wrongful termination, health and safety, disability law, sexual harassment, and hiring and termination practices. Workers who have employment law claims or complaints should discuss them with an Arkansas employment law lawyer.
It is generally in your best interest to hire an Arkansas employment attorney if you have concerns or questions about your employment related claim. However, cases involving sexual harassment, wrongful termination, and discrimination should not be dealt with without the aid of an Arkansas employment lawyer because, they can become quite complicated and may require the collection of a significant amount of evidence.
Why Hire an Arkansas Employment Attorney?
State and federal law interact in complex ways in Arkansas wrongful termination and employment law cases. This interaction must be researched and convincingly asserted for success in your case. An Arkansas employment lawyer can fight against your claim for wrongful termination, structure a discrimination claim against your employer, submit a claim for unpaid wages, and help you decide if you have a legitimate claim under Arkansas Employment Law worth filing, that will not just cost you valuable resources and get you nothing in return.
Wrongful termination claims, in particular, can be challenging and stressful for an employee to file against his former employer. An Arkansas wrongful termination attorney can assist such a worker by communicating and dealing with his employer and advising him of the best way to recover on his wrongful termination claim.
Additionally, if you have questions about the rights and benefits to which you are entitled under Arkansas employment law, or if you need to submit a complaint to the Arkansas Department of Labor, an Arkansas employment lawyer can be a valuable resource.
Wrongful Termination in Arkansas
Employment law in Arkansas covers what is known as "at will" employment. "At will" employment permits a worker to quit his job for any reason and at any time. Similarly, an employer may fire his employees whenever he pleases, for any reason or no reason, so long as the reason is not against the law. However, if an employee has an employment contract, he can generally only be fired for reasons specified in the contract.
In Arkansas, a wrongful termination claim may be filed if the employer relies on an illegal reason when he terminates a worker. The following reasons for termination are against the law in Arkansas:
Talk to an Arkansas wrongful termination lawyer if you have questions about your wrongful termination claim.
Firing a worker based on a discriminatory reason is wrongful termination in Arkansas and is prohibited by both state and federal law. If someone has the requisite experience for a job, but is terminated because of, for example, a disability or because of his age (especially if they are over 40), his or her termination is illegal according to both state and federal standards. Moreover, an employee cannot be fired because she is pregnant; pregnancy cannot be viewed as a disability and reason for firing. In addition, if the employee's termination is based on race, sex, religion and/or national origin, the termination is wrongful. Get in touch with an Arkansas wrongful termination attorney for the best chance of success.
Employee Wage/Hour Concerns in Arkansas
As of July 24, 2009, the minimum wage in Arkansas is $7.25 an hour, which is the federal minimum wage. Employees in Arkansas must be paid at least semi-monthly. Contact an Arkansas employment attorney if your employer has not paid your wages and you require assistance filing a Wage Claim with the Arkansas Department of Labor. Please note, that if you make more than $25,000 a year, or if you are owed more than $2,000 in unpaid wages, you cannot file a wage claim and instead you should contact an employment lawyer to file a lawsuit in Small Claims Court.
Working overtime is considered any hours you work over 40 hours per week. Both Arkansas state law and the federal Fair Labor Standards Act (enforced by the United States Department of Labor, Wage and Hour Division) mandate that workers be paid time-and-a-half pay for all overtime hours worked. Speak with an employment attorney if you are entitled to overtime pay, but have not been paid the appropriate overtime rate. Submissions of the Wage Claim Form (as mentioned above) with the Arkansas Department of Labor or with the nearest local Wage and Hour Division should be discussed with an employment law attorney.
Arkansas Employment Benefits
Arkansas employers may provide their employees with paid vacation days, medical benefits, sick leave and life insurance, but the State of Arkansas does not mandate that employers do so. Additionally, employers in Arkansas do not have to give their employees meal or rest breaks unless their workers are under age 16. Arkansas disability law does not require that employers have short term disability or paid maternity leave; but, federal law mandates that expectant mothers be given 12 weeks of maternity leave in the Family and Medical Leave Act (FMLA).
Although Arkansas disability law does not cover workers injured or who become ill outside of the workplace, Arkansas disability law does provide that employees who have an occupational injury or illness are entitled to a certain amount of compensation dependent on how the injury or illness is categorized. If you have been injured on-the-job or developed an illness because of hazardous conditions at your place of employment, you should get in touch with an Arkansas workers' compensation attorney and ask how you can best go about receiving benefits for your injury or illness.
Arkansas Employment and Labor Law Statutes
Arkansas Code - Labor and Industrial Relations
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