The Law Office of Geoffrey D. Kearney, PLLC

04/11/2026

While I don’t know much about this specific organization or program, this initiative certainly seems to be potentially valuable for would-be entrepreneurs in Pine Bluff and surrounding areas.

A new initiative from Communities Unlimited is working to address one of the biggest challenges facing rural entrepreneurs: access to capital. The effort begins with an “Empower Entrepreneurship” training session scheduled for April 18 from 9 a.m. to 4 p.m. at the Economic Research and […]

03/31/2026

The Fair Labor Standards Act (FLSA) is among the most pro-worker statutes in the entire Federal Code. It protects employees from improper pay practices, and is primarily concerned with ensuring, as relevant here, that workers are paid no less than minimum wage.

After several years of litigation, Perry’s Steakhouse and Grill, a Houston restaurant, has learned the hard way just how powerful the FLSA can be. Thanks to problems with the restaurant’s tip-pooling arrangement, a federal judge has entered a roughly $21M judgment in favor of a class of employee plaintiffs.

It’s an interesting case in an area of law with a fair bit of nuance, and I might follow up with a longer blog post. But for now, a short article on the case is attached. And a link to Department of Labor guidance on tip pools is in the comments.

Given the numerous legal issues raised by the case and the amount of the award, an appeal seems likely. Nonetheless, this case is a reminder that businesses should be vigilant about ensuring that they are in compliance with wage and hour laws and employees should be aware that the FLSA is a potentially major source of protection for them.

This firm is always happy to speak to workers who think their FLSA rights have been violated.

That's a lot of pork chops.

03/23/2026

Here’s an interesting, potentially useful Arkansas law for today…

Under Ark. Code Ann. § 11-4-405, employers must pay a discharged employee “all wages due by the next regular payday.” If the employer fails to do so “within seven (7) days of the next regular payday,” the employer will owe the employee “double the wages due.”

This statute doesn’t get cited in court much. Most employers seem to do a decent job of getting discharged employees paid in a timely fashion. But this provision can be a useful tool in ensuring that an employer dragging their feet complies with its obligations or, if they don’t, forcing them to face the consequences for it.

03/04/2026

Appellate waivers close off review of so many federal criminal appeals that might otherwise set out strong arguments for reversal. A decision rendering them less restrictive, even just a bit less so, would be a welcome benefit to potentially many criminal defendants.

The justices worried that closing off all expectations to appellate waivers would cement unlawful sentencing decisions and bring the judiciary into disrepute.

02/23/2026

A common issue that judges, juries, and attorneys grapple with at trial is just it means to determine guilt “beyond a reasonable doubt.” Courts hasten to give this principle a precise numerical definition. Whatever it is, it is a good deal greater than the definition of 60% certainty the judge here gave to potential jurors during the jury selection process for a murder trial. Accordingly, the Texas Fourteenth Court of Appeals (Houston) reversed the conviction.

A successful appeal generally requires finding a mistake made in the proceedings being appealed from. While there are times that the best argument is that the judge or jury simply made the wrong decision based on the evidence, usually, finding some sort of error based on the law—like, as here, arguing that the judge improperly explained the law pertaining to a significant issue to the jury—typically makes for a stronger argument. Kudos to appellate counsel in this case.

Here’s a link to the opinion and a few key excerpts.

https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=c7d4e3fa-332b-4886-a821-7ca356c98b49&coa=coa14&DT=Opinion&MediaID=e2a25396-e6dc-4601-adf1-bf42a26c5c73

02/15/2026

Arbitration provisions are an all too common obstacle that employment litigation plaintiffs face. They increase the employer’s leverage, tend to limit the employee’s damages, and keep the employee from ever meaningfully sharing their story in a public forum. While the extreme imbalance present in the NFL context is unlikely to be replicated in many other situations, this case merits continued attention.

A federal judge overseeing Minnesota Vikings defensive coordinator Brian Flores' racial discrimination lawsuit against the National Football League ruled on Friday that the claims can be heard in open court, reversing a prior order sending the case into closed-door arbitration controlled by the leag...

02/13/2026

Courts will likely be wrestling with how to handle AI for years to come. While there have been and will be more decisions to come on this issue, those contemplating, anticipating, or involved in litigation would be well served to take heed of this decision and be very thoughtful and careful about AI use.

Using the messages as evidence is still dicey.

02/06/2026

LEGAL DEVELOPMENT ALERT

We’re entering the third year of a significant change to Arkansas criminal law, and many still are not aware of it.

Before 2024, whether a theft charge would be a misdemeanor or a felony was usually a matter of the value of the stolen property.* The felony threshold for most stolen goods was $1,000, and anything below that was usually a misdemeanor. But on January 1, 2024, the Arkansas legislature significantly amended Ark. Code Ann. § 5-36-103, the Theft of Property statute.

Now, ANY theft committed within ten years of a previous theft conviction can be charged as a felony. Per Ark. Code Ann. § 5-36-103(J), in addition to situations involving over property valued at over $1,000 and other circumstances set forth in the statute, theft of property is a Class D felony if the “value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense.”

A Class D felony carries with it up to six years’ imprisonment for even non-habitual offenders and loss of significant rights, such as the right to vote and carry a firearm. This provision, by which someone who was convicted of stealing ANYTHING going back ten years, be it a car, thousands of dollars in cash, or even a candy bar, can be charged with a felony if they are subsequently accused of stealing something (anything) else later on, is the law now. Prosecutors *are* filing these subsequent thefts as felonies.

Our office is happy to discuss representation of those who find themselves charged under this new version of the Theft of Property statute. But the preferred course is for folks to avoid that situation altogether. Please be advised.

*This statute has a lot of special circumstances, like a lower threshold for cattle, no amount in controversy requirement for credit/debit cards, etc., that we won’t be going into all the ins and outs here.

01/30/2026

It’s early in the litigation, and this is likely not the most common occurrence, but this is an interesting, troubling, and possibly important case out of New Jersey.

The bargaining power between employers and employees is already tilted so far in the direction of the former. Trying to even that playing field is part of the draw of working in employment law on behalf of plaintiffs. If the district here truly took advantage of this man as alleged, they need to be made to answer for it.

Here’s hoping for a just outcome.

The suit accuses the school system of exploiting a worker with intellectual disabilities.

12/26/2025

Merry Christmas, all. I hope this year’s December 25th has been filled with meaningful time with family and friends, good food and fellowship, and the joy and sense of hope for a better tomorrow that is at the center of this season.

In the spirit of the season, I hope you enjoy this short video on the law of gifts.

12/08/2025

So proud to have gotten the chance to join so many others in celebrating the (ongoing) legacy of my former boss, Judge Lavenski Smith, at the unveiling of his portrait. As a former Chief Judge of the U.S. Court of Appeals for the Eighth Circuit, his portrait will eventually be displayed at the courthouse in St. Louis.
While I am happy that he’ll be representing us there for years to come and look forward to seeing it when I have oral argument there, I’m so glad to be to able view it here in Arkansas and enjoy a few minutes with the man himself, his terrific family, and my chambers family.

09/17/2025

Heads up to those with unresolved legal issues in Pulaski County. There will be a Get Right with the Court day on Saturday, September 27. Depending on what you’re dealing with, you might qualify for relief. See the linked page for more info!

Join us in protecting Pulaski County's pets and Give $5 on your tax payments to the Pulaski County Animal Control Spay and Neuter Fund today!