In Arkansas, Freedom of Religion Does Not Mean Freedom From Religion

By Adrienne Griffis
The First Amendment to the United States Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . .” Similarly, Article 2, Section 24 of the Arkansas Constitution provides that “no human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other.” However, despite the requirements of the U.S. Constitution, and even the strong language in the Arkansas Constitution that appears to promote religious freedom, the law in Arkansas does not protect all religions from discrimination. [More]

Supreme Court Overhauls Service Rules

By Adrienne Griffis

On June 21, 2018, the Arkansas Supreme Court issued several per curium orders containing significant updates to the Arkansas Rules of Civil Procedure and associated Administrative Orders. Arkansas litigators should pay particular attention to the following changes, which will affect routine tasks and forms, particularly regarding initial service upon a defendant. [More]

Business Should Exercise Caution With Unpaid Internships

The Fair Labor Standards Act ("FLSA") generally establishes mandatory minimum wage and maximum hour requirements for most employees in the United States. Generally, an individual is an employee under the FLSA if an employer permits the individual to work in the interest of the employer. Until recently, the Department of Labor's test for determining whether an unpaid intern was really an employee who should receive at least minimum wage under the FLSA was quite rigid and difficult to meet. Businesses planning to implement an unpaid internship program or with an existing internship program should be aware that in January, 2018, the Department of Labor ("DOL") issued a new more flexible test for determining whether an unpaid intern working for a for-profit employer is entitled to minimum wage under the FLSA. [More]