News

Private party wage and hour litigation has increased substantially over the last decade. Our review of court filings indicates that almost one private wage and hour lawsuit per day is filed in Arkansas. If you have not been sued yet, you are likely to be the target of such a suit in the near future. We also note that the Wage and Hour Division of the Department of Labor continues its increased focus into traditional wage hour matters. The slightly good news is that the Wage and Hour Division now has a portal much like the EEOC, which allows employers to upload documents and not have an investigator on site in all circumstances.

Attorney Tyler D. Bone was presented the W. A. Eldredge, Jr. Outstanding Young Trial Lawyer Award by the Arkansas Bar Foundation during their annual meeting on Friday, August 6.

On July 27, 2021, the U.S. Centers for Disease Control (CDC) issued new interim public health recommendations for fully vaccinated people to provide guidance regarding mask-wearing for vaccinated individuals in light of the highly-transmissible Delta variant of COVID-19. The updated guidance does not address unvaccinated individuals because the CDC has continued to recommend mask-wearing in most settings for unvaccinated individuals.

Chambers and Partners© has recognized Friday, Eldredge & Clark and all of the firm’s Trust and Estate Planning partners in its 2021 edition of Chambers High Net Worth Guide. The guide covers private wealth management work in key areas around the world, and its rankings are based on extensive research and in-depth interviews with clients and industry leaders. In addition to the individual attorneys recognized, the firm received the highest ranking awarded by Chambers.  The attorneys named “leaders in their fields” are: W. Thomas Baxter, Katie Watson Bingham* J. Lee Brown Allison J. Cornwell Byron M. Eiseman Jr.** Sarah Cotton Patterson K. Coleman Westbrook Many of the attorneys in the Trust and Estate Planning Practice Group are Certified Public Accountants (inactive) and all have Master of Laws in Taxation. The group works with individuals and businesses to address the important aspects of their financial situation including personal tax planning, business planning, retirement planning, planning for disability, risk management, asset protection, family legacy and philanthropy. *Up and Coming; Senior Statespeople**

Defense attorneys in Arkansas are, not infrequently, called upon to defend religious institutions from tort suits brought against them for a variety of reasons. Such claims may arise out of a motor vehicle accident involving a church bus, a slip and fall accident on church premises, a claim of sexual molestation on the part of a church employee, or another type of claim. In defending claims against religious institutions, it is imperative that the defense of charitable immunity and, where applicable, the Ecclesiastical doctrine, be raised in the first responsive pleading to the Complaint, be that an Answer and/or a Motion to Dismiss.

Bankers changing positions from one bank to another is nothing new in the industry. The volume of moves may ebb and flow over time, but we have witnessed this play out in the Arkansas market for years. While there is risk inherent in any move, bankers and their new employers are well advised to consider a few steps to mitigate legal risks accompanying the change. A recent Federal Reserve action imposing a lifetime ban on two Wyoming bankers is an alarming reminder of the severity of these risks.

As we all read the news reports the last week or so, the Delta variant of the Covid-19 virus is spreading quickly among the unvaccinated portion of society. Also, the pace of vaccinations in Arkansas has slowed with still fewer than one million Arkansans fully vaccinated. In response to this surge, hospitals, including UAMS, are reopening their Covid-19 units. This surge and the reaction by healthcare providers will have a ripple effect of causing limitations in healthcare services available for non-Covid needs.