Emotional Support Animals and Access to Public Facilities
Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or emotional support animal, and she asks that the dog be allowed to accompany her…
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, but expressly does not apply to medical employees. Ark. Code Ann. §…
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 altogether the Court will instead modify it to narrow it down to make it…
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 consideration. Ark. Code Ann. § 4-75-101 (g). For non-competes signed on or before…
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 landmark non-compete statute came into play. For non-competes signed after July 21…