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Practice Pointer: Orders Drafted by Opposing Counsel
Category: Litigation
Even the best litigator loses on a motion every now and then. When that happens in Arkansas state court, oftentimes the judge may file a verbatim order drafted by opposing counsel as the final order. Sometimes these orders have discrepancies between what the judge said at the conclusion of the…
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Arkansas Supreme Court Upholds Validity of Class-Action Waiver Clause Even In Absence of Arbitration Clause
Category: Employment, Litigation
Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. Recently, Congress amended the Federal Arbitration Act to invalidate arbitration…
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Tips, Tip Pooling, and Tip Credits: What is a Restaurant Legally Allowed to do with its Tips?
Category: Employment, Litigation
Employees in a restaurant setting often receive tips, and employers often take a “tip credit” toward the minimum wage that they have to pay (allowing the employer in Arkansas to pay $2.63/hour to the tipped employee if the tipped employee receives at least $8.37 per hour in tips to make up the…
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Licenses and the Law Series, Part X: A Review
Category: Administrative Law, Health Care, Litigation
In this final article, we want to leave you with a review of the major takeaways. First, check your liability insurance as soon as you receive a complaint against your license, and report the claim to your insurance carrier. Oftentimes, liability insurance includes coverage for defending against…
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Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?
Category: Employment, Litigation
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, but expressly does not apply to medical employees. Ark. Code Ann. §…
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