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United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on...more

FTC Issues Final Rule Banning Noncompete Agreements

On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in...more

Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This...

When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is...more

Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?

Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees,...more

Non-Compete Agreements: Will Arkansas Courts "Blue Pencil" an Unreasonable Non-Compete Agreement?

In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement...more

Non-Compete Agreements: Must an Employer Pay an Employee for a Non-Compete to Be Enforceable?

Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient...more

Non-Compete Agreements: Does it Matter Whether the Employer or the Employee Terminates the Relationship?

Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a...more

Non-Compete Agreements: What is a Reasonable Geographic Area of Coverage for a Restriction?

It depends. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. ...more

Non-Compete Agreements: What is a Reasonable Duration for a Restriction?

It depends. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play....more

Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"

Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more

Investigating Employee Harassment Claims in the Workplace

In the wake of the #MeToo Movement and as again recently seen in media headlines, sexual harassment continues to be a prevalent problem in today’s culture, and no employer is immune from the duty to prevent and resolve...more

An Employee has Tested Positive for COVID-19, Now What?

Currently, the number of COVID-19 cases in Arkansas continues to rise due to the Delta variant. With the rising number of COVID-19 cases, now is the perfect time for employers to refresh themselves on guidelines and policies...more

Non-Compete Agreement Litigation: Lessons from Recent Eighth Circuit Case

Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this...more

COBRA Subsidy Update: IRS provides penalty relief and instructions for applying Employment Tax credits

On Tuesday, the IRS published Notice 2021-24, which provides penalty relief for an employer’s failure to timely deposit Employment Taxes related to the American Rescue Plan Act’s (ARPA) COBRA subsidy credits. The Notice...more

DOL Publishes Model COBRA Notices and Premium Assistance Guidance

On April 7, 2021, the U.S. Department of Labor (DOL) posted model COBRA notices and issued FAQ guidance addressing the recently-enacted COBRA coverage subsidy. The FAQ guidance specifies that individuals may be eligible...more

Can an Employer Require its Employees to Get the Covid-19 Vaccine?

Yes, but there is a right and wrong way to go about it. And of course, there are exceptions. But more importantly, while an employer can institute such a requirement, the better question to ask might be—should they?...more

Legally speaking, working from home blurs line between ‘work' and ‘home'

The COVID-19 pandemic has forced businesses across Arkansas to transition from a traditional office environment to remote work. With flu season approaching and an increasing number of COVID-19 cases, many employers will...more

Company Defeats Alleged Whistleblower Bringing Claim Under Obscure Whistleblowing Law

Companies generally know that certain whistleblowing activities are protected. But this protection is not absolute, and not everything that employees think is whistleblowing actually meets the legal definition necessary for...more

CDC's New Definition of "Close Contact" Impacts Contract Tracing in Workplaces

On October 21, 2020, the Centers for Disease Control and Prevention (“CDC”) expanded the definition of “close contact” for contact tracing purposes. The CDC previously defined close contact as 15 consecutive minutes within...more

Classifying Workers as Employees or Independent Contractors: New Rule on the Horizon

Employers in all shapes and sizes often face the tricky decision of how to classify their workers: are they employees or independent contractors? The answer is not always straightforward, and making a mistake upfront can have...more

What the New Title VII LGBTQ Ruling Means for Employers

On Monday, the Supreme Court of the United States ruled that employers are prohibited from taking adverse employment action against employees based on sexual orientation or gender identity. Discrimination based on sex...more

Businesses Have COVID-19 Worries; These Resources Can Help

With numerous measures now in place at the federal, state and local levels, the following are some of the latest resources available to walk businesses through the relief programs enacted, including under the Coronavirus Aid,...more

UPDATE: New Regulations Define Broadly Health Care Providers Excluded from Paid Expanded Medical Leave and Paid Sick Leave...

In the wake of phase three of coronavirus relief in the form of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), lawmakers are discussing phase four. For this update, however, we go back to phase two, the...more

UPDATE: Wage and Hour Division of Department of Labor Provides Guidance On Employers' Responsibilities Under the Families First...

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “FFCRA”). The FFCRA contains several important provisions that require employers to offer paid leave for employees unable to...more

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