News & Blog

DOL Issues “One-Two Punch” to Employers

by Missy Duke and Jess Sweere Recent statements made by the U.S. Department of Labor (DOL) suggest that the DOL is taking a more aggressive stance with respect to exempt/non-exempt and employee/independent contractor misclassification matters than it ever has before. The DOL has proposed a rule change that would raise … Read More »

Employers – Revisit and Revise: Non-Compete Agreements in 2015

by Missy Duke Introduction In early 2015, the 90th Arkansas General Assembly passed Act 921, enacting the first restrictive covenant statute in Arkansas. This new statute addresses many concerns and uncertainties employers had regarding non-compete agreements. It applies to the enforceability of non-compete agreements made pursuant to an employment relationship … Read More »

Equal Rights = Equal Estate Plans?

by Laura Dyer Johnson As the dust begins to settle from the U.S. Supreme Court’s landmark decision of Obergefell v. Hodges, which legalized same sex marriage across the country, the ripple effects for individuals and couples affected by it are taking shape. In the pre-Obergefell era, an estate plan was … Read More »

DOL Guidance Says Most Independent Contractors Misclassified

On July 15, the U.S. Department of Labor (DOL) issued guidance stating that most workers are not independent contractors, but rather are employees covered by the Fair Labor Standards Act (FLSA). The DOL released a 15-page Administrator’s Interpretation in which it stressed the importance of the FLSA’s broad definition of … Read More »

U.S. Department of Labor Releases Overtime Pay Protections

Today the U.S. Department of Labor (DOL) released a much-anticipated proposed rule change that would increase employer overtime obligations for an estimated 5 million employees. The proposed rule seeks to change the minimum salary threshold to $970 per week (the equivalent of $50,440 annually). Currently, to be exempt from the … Read More »

Yes, You, Too: Form I-9 Compliance for Small Businesses

Imagine this scenario: You own your own business and, for tax purposes, list yourself as an employee of your business. One day, you receive a Notice of Inspection from the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE). After the inspection, you are informed that you have been … Read More »

U.S. Embassies and Consulates Abroad Unable to Process Visa Requests

On June 15, 2015, the U.S. Department of State issued an alert stating: “The Bureau of Consular Affairs is currently experiencing technical problems with our visa systems. These issues have resulted in delays in printing visas and may mean rescheduling some visa interviews.” The issue stems from a hardware failure … Read More »

OSHA Issues Guidelines Regarding Restroom Access for Transgender Employees

The Occupational Safety and Health Administration (OSHA), which requires that all employers under its jurisdiction provide employees with sanitary and accessible toilet facilities, has issued guidelines regarding restroom access for transgender employees. OSHA advises that all employees should be permitted to use restroom facilities that correspond with the employee’s gender … Read More »