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NWA Woman-Run – Vetting an Idea: Business Basics

5:30 pm – 7:00 pm

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NWA Woman Run

Are you considering the launch of a new product, service or business? This is the session for you! Join Woman-Run and the Arkansas Small Business & Technology Development Center (ASBTDC) for tips to evaluate your idea using a business framework including brand positioning, target customers and competition. Plan and prepare to protect your dream.

Join us on Thursday, March 28, in Little Rock or Fayetteville.

Fayetteville Event

  • Thursday, March 28
  • 5:30-7:00 p.m.
  • The Brewer Hub
  • Happy hour begins at 5:30, with the discussion starting around 6 p.m.
  • Register here for Fayetteville.
Woman-Run March 28

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Little Rock Woman-Run – Vetting an Idea: Business Basics

4:30 pm – 6:00 pm

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Woman-Run March 28

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Woman-Run March 28

Are you considering the launch of a new product, service or business? This is the session for you! Join Woman-Run and the Arkansas Small Business & Technology Development Center (ASBTDC) for tips to evaluate your idea using a business framework including brand positioning, target customers and competition. Plan and prepare to protect your dream.

Join us on Thursday, March 28, in Little Rock or Fayetteville.

Little Rock Event

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Woman-Run with Emma Willis: Let’s Talk about Social Capital

5:30 pm – 7:30 pm

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When it comes to building a successful business, your relationships matter. Join Woman-Run and Emma Willis, founder and CEO of Impact Period LLC, for a conversation about how to tap into your network and connections as resources for effective professional and personal growth.

Here’s more about Emma:

Impact. It’s my compass. Witnessing its ripple effect sparked my passion for community change. Rooted in Arkansas’ diverse landscapes, I’m a builder, driven by collaboration.

My journey began with privilege and resilience. My family’s McGehee funeral home instilled entrepreneurial fire, while my grandfather’s farm taught grit. But it was community, from my grandparents’ congregation to Philander Smith College, that truly shaped me.

From launching businesses to empowering communities, my career has been a testament to impact. I built a business from scratch, navigated the fintech world, and ignited collective passion for financial literacy and college access for hundreds.

Now, as founder and CEO of Impact Period LLC, I empower communities through strategic consulting. Multi-million dollar partnerships like “City of Entrepreneurs” are proof of our impact.

Measurable change is my yardstick. From growing Arkansas 529 assets to creating new jobs, I’ve seen the tangible results of collaboration.

This isn’t just a career; it’s a lifelong pursuit, fueled by the spirit of Arkansas and guided by a passion for community. Let’s explore the possibilities for collaboration.

Attorney Shelby N. Howlett

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In The Workplace 2024: Labor Department Proposal Could Raise Minimum Pay for Exempt Employees

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Attorney Shelby N. Howlett

Shelby H. Shroff

Associate

Little Rock, AR

Attorney Shelby N. Howlett

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Attorney Shelby N. Howlett

This is part of a series of articles by Wright Lindsey Jennings’ labor and employment team examining key trends for employers and the workplace in 2024, authored by attorney Shelby Shroff. The series was featured in Arkansas Business

Employers of salaried workers may soon be required to change the status of many of their exempt employees to non-exempt under the Fair Labor Standards Act (FLSA).

As a reminder, the FLSA requires most employees to receive the federal minimum wage and overtime pay for all hours worked over 40 in a workweek. These employees are considered “non-exempt” under the FLSA.  However, the FLSA exempts certain limited categories of employees from the overtime requirement, including “white collar” executive, administrative and professional (EAP) employees.

Under the current FLSA rules, EAP employees are exempt from overtime and are not required to be paid time-and-a-half for hours worked over 40 in a workweek if they:

  • Are compensated on a salary basis at a rate not less than $684 per week and
  • Primarily perform specific duties that are considered exempt

On Aug. 30, 2023, the U.S. Department of Labor (DOL) released proposed rules that would raise the salary threshold required to qualify for the FLSA’s overtime exemption. Currently, the threshold to qualify for exempt status is $684 per week, which amounts to $33,568 per year. The proposed rule would increase the threshold by over 50% to $1,059 per week, or $55,068 per year.

The proposed rule also seeks to increase the annual salary threshold for the “highly compensated employees” exemption from $107,432 per year to $143,988 per year. Importantly, the proposed rule addresses only the salary test for these exemptions and does not change the duties test.

As part of the proposed rule, the DOL also seeks to automatically increase the minimum salary and highly compensated employee thresholds every three years, based on available wage data at the time. The intent is for the exemption to accurately reflect changing economic conditions in the future. The DOL has also indicated that the actual salary threshold in the proposed rule will be based on earnings data as of the date the final rule takes effect, which means that the new salary thresholds could be even higher by the time it is enacted than the amounts stated in the proposed rule.

Along with the proposed rule, the DOL released Frequently Asked Questions explaining the rule’s potential effects.

In the FAQs, the DOL estimates that, if the rule is enacted, an additional 3.4 million workers that are exempt under the current EAP exemption will become nonexempt in the first year.

Similarly, the DOL estimates that an additional 248,900 workers would become non-exempt by moving from the less demanding highly-compensated employee duties test to the more common and more demanding EAP “primary duty” test.

The proposed rule was subject to a 60-day comment period, which expired on Nov. 7, 2023. Now that the comment period has ended, the DOL will take the comments it received into account and likely publish a final rule sometime in 2024.

The final rule should become effective 60 days after it is published but the rule will likely be challenged in court. There have already been a number of cases in the past couple of years challenging the DOL’s authority to mandate a salary threshold for employees to satisfy in order to be exempt under the FLSA.

If the cases is taken up by the U.S. Supreme Court, those challenging the rule may find a receptive audience. Last year, during oral arguments on a similar issue, two Supreme Court justices questioned whether the DOL has such authority and Justice Brett Kavanaugh stated that there is “a strong argument that the [FLSA overtime] regulations [requiring a salary threshold] are inconsistent with the statute.”

Employers should keep an eye out for the DOL’s final rule and any challenges to the rule that are brought in court. Employers should also consider developing a plan for transitioning any currently exempt employees who do not meet the new salary minimums to non-exempt status.

A version of this commentary appears in the Jan. 8, 2024, print edition of Arkansas Business.

Shelby Shroff is a lawyer on Wright Lindsey Jennings’ labor and employment team in Little Rock. Her practice includes providing advice on employment law compliance and defending employment litigation.

Daveante Jones

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In The Workplace 2024: How to Keep Politics From Disrupting the Office

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Daveante Jones

Partner

Little Rock, AR

Daveante Jones

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Daveante Jones

This is part of a series of articles by Wright Lindsey Jennings’ labor and employment team examining key trends for employers and the workplace in 2024, authored by attorney Daveante Jones. The series was featured in Arkansas Business

Political campaigns are in full swing with primary and general election season upon us — that means discussions about politics in the workplace are almost inevitable.

As employers balance their need to efficiently operate their business with employees’ rights related to exercising political beliefs in an effort to minimize toxic political discussions in the workplace, staying up-to-date on the legal landscape, including relevant state laws and recent changes to workplace standards under the National Labor Relations Act (NLRA), is very critical.  

Prohibiting political discussions in the workplace may sound like the best approach, but employees have a number of rights under the NLRA that say otherwise. In both union and non-union settings, employees have the right to engage in “concerted activity” for their mutual aid or protection regarding terms and conditions of employment such as wages, benefits, safety concerns and thoughts on disciplinary action from their employer.

Politics today involve a number of topics that might spark discussion highlighting terms and conditions of employment such as access to healthcare related to abortions, the right to work and union organizing, religious expression, minimum wage, protections for LGBTQ+ employees, or the legalization of recreational and medical marijuana.

In years’ past, a primary recommendation for employers to minimize the distractions political discussions in the workplace may cause would have been prioritizing the administration of policies addressing civility or professionalism in the workplace. The National Labor Relations Board’s (NLRB) Stericycle, Inc., decision in August 2023 may have turned that recommendation on its head.

Generally considered to be lawful by the NLRB under an employer-friendly standard during the prior presidential administration, such policies are now unlawful according to the NLRB, if an employee could “reasonably construe” it as restricting conduct related to engaging “in concerted activity” for employees’ mutual aid or protection regarding terms and conditions of employment.

Another general workplace policy potentially impacted by this employee-friendly approach is employers’ restrictions surrounding solicitation in the workplace. Combine these things with the NLRB’s May 2023 decision in Lion Elastomers, restoring increased legal protection for workers who engage in derogatory language — including profanity and even racial slurs— while speaking out against workplace conditions, the elements for the perfect storm of politics in the workplace are all there.

Not only that, there are a number of non-NLRA federal and state laws that prohibit interference with employees’ exercise of political beliefs. For instance, multi-state employers operating in states like California, Colorado, Missouri, Nebraska, Texas, Tennessee, and South Carolina have to be sure not to take any adverse action against employees that could be considered to have been taken because of an employee’s political opinion or exercise of political rights and privileges. 

Understandably, all of this can be overwhelming. So long as employers are thoughtful and intentional in implementing workplace policies to minimize toxic political discussions at work, however, the risk of running afoul of state and federal law decreases. 

Some tips:

  • Remember the priorities. The goal should not necessarily be staying away from having a business lean one way or another on a political issue but achieving an efficient operation with minimal disruptions and distractions while remembering employees’ rights related to exercising political beliefs. 
  • Identify your approach. The best approach may be to preach tolerance and respect for differing political views while emphasizing inclusivity and collegiality.
  • Remind managers and supervisors that they are people leaders. They have to set the example of professionalism and be the adults in the room.
  • Be clear in your communications. Circulating a memo with details about early or absentee voting or time off procedures for voting may be okay but communications involving rewards and benefits that could be interpreted as an effort to influence employee votes are likely unlawful.
  • Avoid disruptions during working time in work areas. Uniformly enforce any non-solicitation policies prohibiting political ads or stickers, political campaigning, collecting campaign donations or the distribution of campaign materials during working time.
  • Do not allow political views to impact terms and conditions of employment. An employee’s legitimate political views should not impact his or her pay or performance reviews.
  • Have transparent and easy-to-follow anti-harassment policies. Certain topics, such as immigration or religion, can be extremely volatile. Having clear examples of harassing or intimidating behavior may ensure that employees avoid inappropriate comments and conversation. In the event it cannot be avoided, clear reporting mechanisms can lead to more prompt action in response to the inappropriate behavior.

Toxic political discussions in the outside world should not discourage employers from taking steps to ensure politics do not impact the efficiency of the business’s operations.

Being thoughtful and intentional in taking steps to implement policies to maintain an inclusive and considerate workforce are essential to avoiding disruptions.

Daveante Jones is a labor and employment attorney at Wright Lindsey Jennings in Little Rock who focuses on helping employers navigate day-to-day employment issues related to discipline, leaves and accommodations, administration of other workplace policies as well as managing investigations and lawsuits that may arise.

Attorney Stuart Jackson

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In The Workplace 2024: New Laws Invalidate Nondisclosure Deals if Harassment Claimed

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Attorney Stuart Jackson

Stuart Jackson

Partner

Little Rock, AR

Attorney Stuart Jackson

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Attorney Stuart Jackson

This is part of a series of articles by Wright Lindsey Jennings’ labor and employment team examining key trends for employers and the workplace in 2024, authored by attorney Stuart Jackson. The series was featured in Arkansas Business

If you think you can keep an employee’s sexual harassment and sexual assault claims quiet through the use of arbitration and non-disclosure/non-disparagement agreements signed at the outset of her or his employment, you better think again.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and the Speak Out Act render unenforceable:

  • Any agreements requiring arbitration of future sexual harassment and sexual assault claims in the workplace
  • Any non-disclosure or non-disparagement agreements concerning those same types of claims

The concern addressed by the two laws is that “by silencing those who are survivors of illegal sexual harassment and assault or illegal retaliation, or have knowledge of such conduct,” perpetrators are shielded and in fact enabled to continue their abuse.

So how does this play out? If your employees sign agreements at the outset of their employment that contain arbitration clauses, those clauses will be unenforceable as to any future sexual harassment or sexual assault claims (whether individual or class-based). If your employees sign confidentiality agreements at the outset that purportedly prevent them from discussing any claims in general that arise during their employment, those agreements will be unenforceable as to any sexual harassment or sexual assault claims after the employee signs.

Post-claim/post-dispute agreements are not barred, such as settlement agreements that are entered into after an EEOC charge or a lawsuit is filed. However, there’s always the possibility that some other law (like the National Labor Relations Act) might invalidate an overly broad non-disparagement or non-disclosure clause. Another question that remains — what happens when a case involves a claim for sexual harassment and (for instance) a separate claim for an FMLA violation? If a pre-claim agreement to arbitrate exists, do the parties arbitrate the FMLA claim, but litigate the sexual harassment claim in court? The answer may come down to a court deciding whether there is some factual tie between the two claims.

As the end of the year approaches, it is a good time for businesses to look at their handbooks and employee agreements, and in light of this new federal legislation, potentially modify their expectations when it comes to quietly handling these types of claims.

Stuart Jackson is a partner on the Wright Lindsey Jennings labor and employment team. His practice of late has included assisting Arkansas businesses with the defense of wage and hour and EEO litigation, the implementation of employee handbook policies, and legal advice on a variety of day-to-day employment issues.

Attorney Troy A. Price

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In The Workplace 2024: Arkansas CROWN Act Bans Employment Discrimination Based on ‘Cultural’ Hairstyles

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Attorney Troy A. Price

Troy A. Price

Partner

Little Rock, AR

Attorney Troy A. Price

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Attorney Troy A. Price

This is part of a series of articles by Wright Lindsey Jennings’ labor and employment team examining key trends for employers and the workplace in 2024, authored by attorney Troy Price. The series was featured in Arkansas Business

Most employers know well that it can be a violation of state and federal law to discriminate against a current or potential employee based on race or national origin.

Many of those same employers may not know that, in Arkansas, such prohibited discrimination may result from attitudes, appearance rules, or dress codes that disfavor, ban or regulate “natural, protective, or cultural” hairstyles. That is one consequence of Act 514 of 2023, also known as the Creating a Respectful and Open World for Natural Hair Act (CROWN Act), that went into effect Aug. 1, 2023.

Among other things, the CROWN Act amended the Arkansas Civil Rights Act of 1993 to prohibit those with nine or more employees from discriminating based on specified hairstyles, including “afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls and hair styled to protect hair texture or for cultural significance.” The Act also prohibits discrimination based on these hairstyles by school districts and state-supported institutions of higher education.

More than 20 states and numerous municipalities have enacted CROWN legislation, particularly impacting black women who might otherwise feel pressured to straighten their hair with chemicals, heat, or other products or procedures to advance their workplace opportunities. While the CROWN Act in Arkansas does not distinguish between discrimination against males or females, similar legislation gained momentum across the country after publication of studies by researchers at Michigan State University and Duke University showing black women wearing their natural hair were deemed less professional than black women with straightened hair, or white women with straight or curly hair.

Arkansas employers with nine or more employees should inform their hiring managers of the CROWN Act, and review their appearance policies to assure compliance with this state law.

Troy Price is a partner at Wright Lindsey Jennings in Little Rock, an experienced appellate lawyer, and a fellow of the prestigious American Academy of Appellate Lawyers. He also focuses on employee benefits litigation under the federal ERISA statute.

Attorney Shelby N. Howlett

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In The Workplace 2024: What Employers Need to Know About the Pregnant Workers Fairness Act

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Attorney Shelby N. Howlett

Shelby H. Shroff

Associate

Little Rock, AR

Attorney Shelby N. Howlett

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Attorney Shelby N. Howlett

This is part of a series of articles by Wright Lindsey Jennings’ labor and employment team examining key trends for employers and the workplace in 2024, authored by attorney Shelby Shroff. The series was featured in Arkansas Business

Every year, there are about 2.8 million pregnant workers in America’s workforce. Indeed, 70% of women will become pregnant while employed, and 80% of those women will work until the final month of their pregnancy.

To protect the needs of pregnant workers, Congress passed the Pregnant Workers Fairness Act (PWFA) at the end of 2022. The law went into effect on June 27, 2023.

So what does the PWFA require? Basically, the law requires employers with 15 or more employees to provide “reasonable accommodations” to an applicant or employee’s known limitations due to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an “undue hardship.”  The duty to accommodate under the PWFA is similar to an employer’s responsibility to accommodate workers with disabilities under the Americans with Disabilities Act (ADA). Generally, once an employer becomes aware of the fact that a pregnant worker may need an accommodation, the employer and employee must walk through the interactive process. 

The EEOC published proposed rules for the PWFA on Aug. 7, 2023. The rules are still open for public comment and are not final, but they provide a glimpse of how we expect the EEOC to enforce this law. One way that the PWFA differs from the ADA is that a worker is considered to be “qualified” even if the employee is unable to perform one or more essential functions of the job, so long as:

  • The inability is temporary
  • The individual can perform the essential function in the near future
  • The inability to perform the essential function can be reasonably accommodated by the employer without undue hardship; this may require an employer to suspend an employee’s obligation to perform an essential job duty and reassign the task to another worker, so long as doing so does not create an undue hardship on the employer

The EEOC is interpreting what qualifies as a “related medical condition” broadly. Limitations may relate to pregnancy, childbirth, post-partum symptoms, and symptoms related to fertility treatments. Limitations can be modest, minor, or episodic. Examples include morning sickness, inability to walk or stand for long periods of time, need for frequent water or snack breaks, need for bed rest, postpartum depression, and more.

Examples of possible accommodations an employer may need to consider include permission to sit or drink water, receiving closer parking, flexible hours, access to appropriately sized uniforms and safety apparel, receiving additional break time to use the bathroom, eat and rest, being excused from strenuous activities or heavy lifting, temporarily reassigning job duties, and as a last resort, taking leave or time off. It is alright for employers to ask for a doctor’s note before providing accommodations, especially if an employee’s condition or need for an accommodation is not obvious.

A significant number of employers already make allowances for their employees experiencing pregnancy or childbirth-related limitations, but the PWFA makes accommodating those employees a legal obligation. If you get a request from an employee for some type of change to their work duties or work environment that is related to pregnancy or childbirth, don’t ignore it – listen to the employee, engage in the interactive process, and try to reach some type of mutually agreeable reasonable accommodation that allows the employee to continue performing their job. And consider adding a provision to your employee handbook, especially if you already have one for reasonably accommodating employees with disabilities or for religious reasons.

***

A related law that employers should be aware of is the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which took effect on April 28, 2023. Under the PUMP Act, employers are required to create or convert a space in the workplace for workers to express breast milk. The area must be shielded from view and free from any intrusion from co-workers and the public. A single occupancy bathroom with a lock is not sufficient. The space may be used for another purpose, so long as it is available whenever it is needed by a nursing employee. Adding a lock to an employee’s private office door can suffice, or providing another space with a lock on the door that’s primary purpose is for the use of nursing workers.

There is an exemption in the PUMP Act for employers with fewer than 50 employees. Exempt employers are not subject to the PUMP Act’s requirements if the requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.

However, even small employers should use caution before relying on the exemption, and should make every attempt to find a space the complies with the PUMP Act’s requirements.

Shelby Shroff is a lawyer on Wright Lindsey Jennings’ labor and employment team in Little Rock. Her practice includes providing advice on employment law compliance and defending employment litigation.

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Woman-Run with Shamim Okolloh: Let’s Talk about Financial Inclusion and Diverse Streams of Income

9:00 am – 10:00 am

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Please join us for a Woman-Run chat with Shamim Okolloh, Vice President and Community Outreach Officer at Encore Bank. She oversees Encore’s outreach program in Central Arkansas with a focus on financial inclusion for the underserved minority community who are often unbanked and underbanked. On January 9, Shamim also released a children’s book, “Ella The Banker,” which she co-authored with her son, Liam (10 years), who was inspired by his eight-year-old sister, Ella, who dreams of becoming a banker like her mom. The book encourages girls to consider a career in commercial banking as women, especially women of color, are underrepresented.

Shamim will share with us about her banking career, her exciting new book and the consideration of diverse streams of income through licensing or merchandising. 

We’ll get together on Wednesday, January 31, from 9:00-10:00 a.m., at The Venture Center.

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Antwan Phillips Elected Chair of DEI Committee for ALFA International

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Antwan D. Phillips

Partner

Little Rock, AR

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Congratulations to WLJ partner Antwan Phillips on his election as Chair of the DEI Committee for ALFA International – The Global Legal Network.

ALFAI’s Diversity, Equity & Inclusion (DEI) mission is grounded in the recognition and appreciation of the unique potential within every individual, and driven by the core principles that all people are deserving of equal opportunities and treatment and that discrimination in any form is not accepted or tolerated. ALFA International is the premier network of independent law firms. It was the first and continues to be one of the largest and strongest legal networks with 140 member firms worldwide.

Antwan will continue to help advance ALFAI’s DEI mission to enhance diversity, equity and inclusion across the legal industry.

ALFAI provides meaningful diversity and inclusion programming to its clients and members through practice-specific seminars and webinars. Please review available webinars HERE.

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Holiday Haul: Shop the Fayetteville Square with Woman-Run & Support Woman-owned Businesses

6:00 pm – 8:00 pm

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Happy holidays, friends! Woman-Run is partnering with the Downtown Fayetteville Coalition and the City of Fayetteville to bring you Holiday Haul, a shopping event the evening of December 8th in Fayetteville to promote our woman-owned businesses on and around the square. To kick off the event, the first 100 registered attendees receive a free beverage from Maxine’s Tap Room or Big Box Karaoke and the first 100 arrivals will receive a shopping bag.  

Sign up here or email Rickie Smith with any questions or to RSVP.

Current participating business include:

Maxine’s Tap Room

Big Box Karaoke

Bisoxual

Jammin’ Java

More to come soon!

If you are interested in participating as a business owner, please let us know. We are highlighting our woman-owned companies on a map for the event and also working to connect other businesses with Fayetteville-based woman-owned companies for pop-up events downtown. 

Attorney Collins Hickman

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SAFER Banking Act Making Its Way Through the Weeds

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Attorney Collins Hickman

Collins Hickman

Associate

Little Rock, AR

Attorney Collins Hickman

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Attorney Collins Hickman

The tension between federal and state marijuana laws has caused most Arkansas banks to stay away from providing services to the “green” industry. However, the Secure and Fair Enforcement Regulation Banking Act (SAFER) Banking Act (SB 2860) has become a burning topic on Capitol Hill. The Act aims to ease the access of legal-marijuana businesses to deposit accounts, insurance, and other financial services. Last month, the Act passed the Senate Banking Committee by a notable bipartisan majority of 14-9. A Senate floor vote is expected in the relatively near future with proponents of the Act being cautiously optimistic in reaching another successful milestone.

Although marijuana will remain federally illegal under the Act, banks would enjoy a “safe harbor” from certain criminal, civil, and administrative penalties when providing services to legal-marijuana businesses. As with other highly regulated industries, certain guidelines and restrictions will remain in place to encourage due diligence and combat suspicious activity. While there is a ways to go before coming law, this Act is the subject of high attention from both the banking and cannabis industries—strangers that may turn into acquaintances sooner rather than later.

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