Arkansas has now become a state that permits a court to “blue-penciling” of a non-compete agreement. Governor Asa Hutchinson signed a statute (S.B. 998 or Act 921) permitting courts the flexibility to enforce those portions of a non-competition agreement that are reasonable and to delete overbroad, unenforceable provisions. Arkansas courts…
Employers are responsible for any and all business expenses. In the event a worker has to cover expenses for the employer, the employer is required to properly reimburse the worker in a timely manner. But problems can arise in situations where it’s difficult to determine the exact amount of the…
The Federal Court of Appeals for 8th Circuit —the appeals court for federal district courts in South Dakota, Minnesota, Missouri, Nebraska, North Dakota, Iowa, and Arkansas —refused to enforce a corporate employer’s non-compete contract. The Parties’ Dispute. The case arose out of the following facts.NanoMech, a Delaware corporation with…
Keep Your Friends Close: What to do When a Friend and Business Partner Allegedly Defrauds You When entering into business transactions, it’s always important to know the terms of the agreement. The importance of being aware of the exact terms of an agreement cannot be overstated. Sometimes, even more important…
Just like any relationship, the breakup of a law firm is complicated, especially when a partner start a new business of their own. In the case of Bernstein & Grazian, P.C. v. Grazian & Volpe, P.C., 402 Ill. App. 3d 961, 931 N.E.2d 810 (2010), the actions of the partners…
Follow these 8 tips to see if a used car you are thinking of purchasing has been damaged by water from a flood. Here are 8 tips to avoid purchasing a flood water damaged car. These cars can also be brand new water damaged cars. Be careful! Avoid having to…
Workers generally expect that any time required by the employer is time for which they get paid. This should hold true regardless of whether the employees are performing work or receiving training necessary to perform the job. According to a recent class action wage and hour lawsuit against Wal-Mart, the…
Whey they buy a used car, many consumers rely on Carfax or AutoCheck to reports to see if car of their dreams has been in an accident, suffered flood damage, been stolen, or had some other issue that would lower its value substantially. As a result, many car dealerships will offer to…
The Fair Labor Standards Act (FLSA) is a federal law that governs things like the minimum wages employees can be paid, as well as when they should be paid overtime and how much they should be paid for overtime. States also have their own labor laws to govern minimum wage…
Many clients come to us with misunderstandings with regard to non-compete agreements which are often called covenants not to compete. Some clients believe because an employee signed the agreement it is an iron glad and enforceable agreement no matter how broad and restrictive the terms of the agreement. Some employees…