Category Archives: Morton Law

Expungement in Arkansas

Expungement

Expungement is a court-ordered process where the legal record of an arrest or criminal conviction is removed from the eyes of the law, but not destroyed. Arrest or conviction records are sealed and therefore treated as confidential material. In Arkansas, when a person meets the requirements to have a record expunged, his or her record becomes confidential, and the matter is treated as if the crime never happened. Continue reading

Arkansas Public Intoxication Laws

Public Intoxication

Someone commits the offense of public intoxication if they appear in a public place under the influence of alcohol or a controlled substance causing the following;

  • The person is likely to endanger himself or herself or another person or property; or
  • The person unreasonably annoys a person in his or her vicinity

Arkansas courts have decided that admitting to drinking two beverages at a private location combined with an officer testimony was enough evidence. If the officer witnessed any of the; “smell of alcohol; watery eyes, blurry, and glassy; and behavior” there is sufficient evidence to support a charge of public intoxication. Continue reading

Assault vs. Aggravated Assault

The Arkansas Assault Laws in Washington County with the help of Morton Law Firm. Assault offenses in Arkansas range from a misdemeanor to a felony whether it is in the first, second, and third degree or an aggravated assault.

Assault

To have the charges of assault one must either threaten with words behaviors or inflict minor harm. The victim of the assault must have feared being injured by the actions or threats. Continue reading

Arkansas Possession Laws

What is a Controlled Substance in Arkansas?

A controlled substance is a drug falling in the unlicensed spectrum, which can affect or harm a person health and future wellbeing. The classification of controlled substances in Arkansas is divided up into six schedules that are arranged by their dependency of abuse, addictiveness, and possible medical use. The Arkansas State Board of Health determines what substances are considered a Controlled Substance. The Arkansas Department of Health (ADH) recognize historical patterns of abuse, current scientific evidence, federal laws, public health and the risk for individuals to become dependent. Continue reading

The Difference between an Employee and a Contract Worker

In the wake of increased government regulation including the Affordable Care Act, many employers have misclassified their employees as “contractor workers.”  In response, the Department of Labor (“DOL”) has issued an Administrator’s Interpretation to clarify the difference between employees and contract workers.

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The Fair Labor Standards Act (“FLSA”) broadly defines the term “employ” as “to suffer or permit to work.”  The DOL uses this definition, and has reemphasized that “most workers are employees under the FLSA’s broad definitions.”

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In addition to the FLSA definition, the DOL endorses the “economic realities test” used by courts to determine if an individual is an employee or a contract worker.  The economic realities test considers many factors, including:

(1)   the extent to which the work performed is an integral part of the employer’s business;

(2)   the worker’s opportunity for profit or loss depending on his or her managerial skill;

(3)   the extent of the relative investments of the employer and the worker;

(4)   whether the work performed requires special skills and initiative;

(5)   the permanency of the relationship; and

(6)   the degree of control exercised or retained by the employer.

Although these factors are all considered together and no one factor is dispositive as to classification, courts have historically viewed the employers degree of control over the work performed and the employee/worker as the most important when determining if one is an employee or a contract worker.

In its latest interpretation, the DOL diminished the importance of the employer’s control as a factor of the economic realities test.  In other words, even if an employer has little control over the work being performed, the worker may nonetheless be classified as an employee and not a contract worker.

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The DOL’s interpretation is consistent with the current trend to improve the wages and rights of workers.  Employers who rely on independent contractors should be clear on what does and does not constitute an employee, and should be cautious not to misclassify employees as contract workers.

For more information, click here.

Legal Terms to Know About Assault Charges

Aggravated Assault:  (a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or

(3) Impedes or prevents the respiration of another person or the circulation of another person’s blood by applying pressure on the Continue reading

Expungement Legal Terms

Expungement and/or Sealing:  “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Effect of Expungement and/or sealing:  A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law. Continue reading

Public Intoxication Legal Terms

Public intoxication:  A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:

(1) The person is likely to endanger himself or herself or another person or property; or

(2) The person unreasonably annoys a person in his or her vicinity.

Public place:  “Public place” means a publicly or privately owned place to which the public or a substantial number of

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