Holleman & Associates handles cases nationwide including an employee’s right to fair pay, oil & gas matters for landowners and catastrophic personal injury litigation. The firm handles cases involving employers not allowing workers to report all time worked, pay workers overtime, or having the workers on straight salary when they should be getting overtime.
These cases are usually collective or class actions. We also represent mineral owners in various oil and gas matters. We continue to handle select personal injury matters as well. We are Arkansas counsel for the International Union of Police and Firefighters.
Fair Labor Standards Act and State Wage Laws
Everyone deserves fair pay for each hour of work. Do you work more than 40 hours per week? Does your company not pay overtime for hours worked over 40? Does your company tell you not to put overtime on your time sheets? Does your company tell you to change uniforms at work and not pay you?
Your employer must pay you for all hours worked. You are entitled to time and a half overtime pay for all hours worked in excess of 40 hours per week. Your employer cannot legally retaliate against you for filing a claim. Your Employer may require you to arrive at work early or leave late for the purpose of meetings, prepare a job site, change uniforms, or put on special equipment.
You are entitled to be paid for such time. Your employer may tell you not to put regular time or overtime on your time sheets or make it conditional upon your supervisor’s authorization. This practice is almost always illegal and you are entitled to be paid for such time.
Your employer may refuse to pay you fair wages and overtime if you are illegally in the United States. It does not matter if you do not have authorization to work in the United States, you are still entitled to fair pay for all hours you worked. Your employer may require you to work during your meal time, or to be on-call during your meal time.
This practice is almost always illegal and you are entitled to be paid for such time. Your employer may tell you that you are “exempt” from the requirements of the FLSA because you are a manager, an officer, a professional, or paid by a salary. Whether you are exempt or not depends on your actual duties. You are most likely non exempt from the requirements of the FLSA and entitled to fair pay for each hour of your work if:
- Your primary duties include physical labor
- You do not manage a department
- You do not conduct interviews or hire other employees
- You do not have any control over any employee’s rate or pay
- You do not plan or control budgets
- You do not recommend anyone for promotion or termination
Your employer may require you to be on-call or to be available almost all the time when you are not at work. This practice is almost always illegal and you are entitled to be paid for such time.
Your rights are dependent upon what you actually do at your job. If you have any questions do not hesitate to contact us. We represent people who work long hours every week, and do not get paid for all the time they spend working. Protect your rights. Everyone deserves a fair pay.
Oil & Gas Law
We assist private landowners, as well as operators, investors and royalty owners with oil and gas leases and other transactions, including:
- Negotiating oil and gas leases
- Advising landowners about lease issues
- Enforcing lease terms
- Royalty disputes
- Real estate issues
- Quiet title litigation
- Property damage claims
- Breach of oil and gas leases
- Joint operating disputes
- Operating expense disputes
- Division order disputes
- Production-sharing agreements
- Forced integration proceedings
- Joint operating and joint venture agreements
We currently represent numerous mineral owners in disputes with oil & gas companies, where the companies solicited oil and gas leases and promised to pay “cash bonuses.” The companies later failed to pay the bonuses and breached the leases. We won a case, Whistle v. Arrington, No. 2:08CV00037 BSM (E.D. Ark. June 1, 2009), involving the breach of oil and gas lease. We also recently filed a class action on behalf of landowners for the breach of oil and gas leases in an almost identical situation involving thousands of mineral acres.
Moreover, we currently represent an oil and gas producer in a dispute that involves over 50,000 mineral acres in the Fayetteville Shale. This dispute centers around participation agreements, areas of mutual interest, and a set of joint ventures between a number of large oil and gas producers and mineral owners. See Petrohawk Energy Co., et al. v. PetroQuest Energy, LLC, et al., No. Civ-2009-284, the Circuit Court of Van Buren County, Arkansas.
Oil and Gas is one of the most complicated legal areas. We are one of the few law firms in the state that handle these matters.
We represent people who have been severely injured through the fault of someone else. We are committed to helping people and their families with personal injuries including the wrongful death of a loved one.
It is very important that you contact an attorney as soon as possible after an accident. If you decide to contact us, no matter how big or small your case is, we will provide you with a free initial consultation. We have a track record of success. You can focus on your health and physical recovery knowing that we will represent you zealously and aggressively to help you achieve the best possible legal result.
We have represented hundreds of clients, who suffered from catastrophic injuries. At this difficult time of your life you need someone who will stand by you and who has the experience and knowledge to protect your interests.
Our areas of expertise include:
- Automobile Accidents
- Catastrophic Injuries
- Wrongful Death
- Trucking Accidents
- Motorcycle Accidents
- Slip and Falls
- Aviation Accidents
- Injuries through the Fault of Someone Else
- Railroad accidents
- Boat Accidents
We frequently handle cases that involve multiple parties and multiple issues. Our attorneys regularly handle complex litigation and class actions.
We represent both those making all types of insurance claims, and the companies facing such claims. We have the experience and knowledge to meet our clients’ complex legal needs. We also file declaratory judgment actions on behalf of our clients, and assist in resolving multiple party disputes involving insurance coverage.
If you believe that you were harmed in the same way as a group of other people, you may want to file suit for yourself and others harmed. We can advise you on whether filing a class action or an individual case is best for you.
Our firm has advised and represented clients in various business related disputes. We have experience with business formation, including partnerships, corporations and LLC; contract disputes, partnership disputes, review of employment contracts, buy/sell agreements, negotiating the terms of agreement and termination of business relationship.
We have experience in both pursuing claims for civil rights and defending such claims. Our experience on both sides of these fact intensive cases provides us with the objective experience that benefit both plaintiffs and defendants. Our civil rights experience includes claims based on Sexual Harassment in the Workplace under Title VII, Retaliation under Title VII, Age Discrimination in Employment Act, and 42 U.S.C 1983 cases against governmental entities.
Protection for Service Members
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects those who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed Services. The law guarantees such individuals the right to be promptly reemployed when returning to duty, and it protects against employment discrimination based on military service. Our firm is proud to help those who serve our Country enforce their legal rights.