Between the Lines Blog

Subjective Criteria for Hiring Decisions or RIFs May Be Problematic
Category: Appellate Law, Employment
Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate business differently from its predecessor. If the new business decides to change the workforce, how should it make those…
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Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This Recurring Question
Category: Employment, Litigation
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 not so clear. This blog post explores the pros and cons of enforcing…
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Employers are Asking: Handbook Updates
Category: Employment
Arkansas’s unemployment rates are at the lowest we have seen in decades, which means employers across the state are onboarding new employees at an exciting pace. As businesses review their new-hire paperwork, many have had questions about updating their employee handbooks. From adding…
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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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