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Arkansas

Be prepared to explain pay disparities

02/27/2023

It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

How to avoid being set up for an FMLA lawsuit

01/18/2023

It’s fairly common for workers facing discipline to request FMLA leave, believing that means their employer can’t fire them. It’s a way of setting up a potential FMLA retaliation lawsuit. A recent case shows exactly how employers can avoid being set up.

Beware ad hoc accommodation approvals

12/13/2022

Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Conduct a self-audit before finalizing terminations

11/17/2022

There’s a compelling reason to conduct a routine HR office review of all employment decisions before they’re finalized. That way, your HR professionals can do their jobs and confirm that the decision is based on objective information and business necessity.

Kroger needed a policy for a rainy day

11/08/2022

Kroger has settled a religious bias claim for $180,000. Two religious employees in Arkansas refused to wear the grocery chain’s rainbow heart logo on their aprons because they claimed the rainbow represented support for LGBTQ people and politics, which they opposed on religious grounds.

EEOC takes on Chili’s in teen worker case

09/29/2022

Two recently filed lawsuits against Chili’s restaurants demonstrate the EEOC’s commitment to new workers.

Intermittent leave abuse? Demand new cert

01/13/2022

Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

#1 reason you can’t fire worker for going #2 on office floor

03/18/2021

You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Don’t assume disability because of prescription

03/13/2019

If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.

Missed EEOC deadline doesn’t rule out lawsuit

03/12/2019

If you haven’t heard from a former employee by the time the EEOC’s 180-day deadline for filing a complaint passes, you can probably safely assume the termination won’t turn into a discrimination lawsuit. However, there is one way a former employee can revive her chance to sue.